We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 25

Tension between private AG law and mandatory arbitration heats up in California
  • Shook Hardy & Bacon LLP
  • USA
  • June 13 2013

American Lawyer senior writer Alison Frankel reports on a recent California appellate court ruling that "just made a high-stakes debate at the state


Mississippi Supreme Court returns punitive damages in asbestos litigation for re-trial
  • Shook Hardy & Bacon LLP
  • USA
  • June 19 2014

The Mississippi Supreme Court has affirmed the compensatory damages awarded to a man diagnosed with mesothelioma allegedly caused by workplace


Ninth Circuit joins sister circuits on inconsistent federal and state class action mechanisms
  • Shook Hardy & Bacon LLP
  • USA
  • April 25 2013

The Ninth Circuit Court of Appeals has determined, in the context of a wage-andhour dispute, that different opting mechanisms for class members


Virginia Supreme Court issues ruling on cause of action accrual in asbestos case
  • Shook Hardy & Bacon LLP
  • USA
  • January 17 2013

A divided Virginia Supreme Court, answering a question certified to it by the Third Circuit Court of Appeals, has determined that a plaintiff's cause


Strict product liability alleged in meat grinder-related mortality
  • Shook Hardy & Bacon LLP
  • USA
  • March 8 2012

The family of a man allegedly killed while he was cleaning and maintaining a meat grinder in his place of employment has sued the equipment’s manufacturer, claiming that it was unsafe because it lacked a warning signal to signify that “it was powered on and about to start operating” as well as an emergency stop device


Fired worker seeks SCOTUS review of punitive damages question
  • Shook Hardy & Bacon LLP
  • USA
  • July 19 2012

A former UPS employee who alleges retaliatory discharge has filed a petition for certiorari, seeking U.S. Supreme Court review of a Tenth Circuit decision overturning as excessive a jury’s $2 million punitive damages award


Second Circuit rules failure to institute “litigation hold” does not constitute gross negligence per se
  • Shook Hardy & Bacon LLP
  • USA
  • July 19 2012

In the context of an employment discrimination dispute, the Second Circuit Court of Appeals has determined that a district court did not abuse its discretion in denying an adverse inference instruction despite the defendant’s failure to preserve personnel files after receiving notice of the plaintiffs’ Equal Employment Opportunity charge in 2001


State trial court sanctions defense counsel for late objection to late-filed expert report in mesothelioma litigation
  • Shook Hardy & Bacon LLP
  • USA
  • May 24 2012

A Delaware trial court has allowed the widow of a man, who allegedly contracted mesothelioma from workplace exposure to talc, to use at trial an expert report filed after a discovery deadline; the report purportedly links the talc in the decedent’s lungs to the substance mined and processed by the defendant


Ninth Circuit adopts criteria for granting discretionary review under CAFA
  • Shook Hardy & Bacon LLP
  • USA
  • December 9 2010

In the context of an employment law dispute, the Ninth Circuit Court of Appeals has established the criteria it will consider in determining whether to grant an appeal of an order remanding a putative class action to state court under the Class Action Fairness Act (CAFA


Plausibility pleading standard shunned in Tennessee
  • Shook Hardy & Bacon LLP
  • USA
  • July 28 2011

Invited to adopt the U.S. Supreme Court’s new plausibility pleading standard in an employment law dispute, the Tennessee Supreme Court has declined to do so, citing the state’s long-standing adherence to the more liberal “notice” pleading standard previously applied in the federal courts