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Jurisdiction

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Shook Hardy & Bacon LLP | USA | 20 Nov 2014

Personal injury suit claims 3-year-old swallowed Buckyballs® magnets

The parents of a 3-year-old girl who was allegedly hospitalized after swallowing 37 high-power magnets from a "Buckyballs®" adult desktop toy set…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

SCOTUS says imperfect statement of legal theory not ground for dismissal

In a per curiam ruling, the U.S. Supreme Court (SCOTUS) has summarily reversed the Fifth Circuit's dismissal of claims filed by Mississippi police…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

Is SCOTUS a Court? Are the justices judges?

Eric Segall, who authored Supreme Myths: Why the Supreme Court Is not a Court and Its Justices are Not Judges," continues to press his point in the…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

Circuit splits generate commentary—part I

"I have been critical of [Sixth Circuit] Judge [Jeffrey] Sutton for creating a Circuit split on the SSM [single-sex marriage] cases. Specifically, I…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

Tenth Circuit rules two CAFA exceptions inapplicable to employee benefits class action

The Tenth Circuit Court of Appeals has determined that neither the state-action provision nor the local-controversy exception to the Class Action…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

CPSC proposes safety standard for recreational off-highway vehicles

The U.S. Consumer Product Safety Commission (CPSC) has issued a notice of proposed rulemaking to address the potential "unreasonable risk of injury…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

Circuit splits generate commentary—part II

“Beginning with a simple question—what can one say about the Supreme Court’s on-again/off-again relationship with lower court precedent—Bruhl finds a…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

CPSC responds to Zen Magnets’ motion to dismiss

The U.S. Consumer Product Safety Commission (CPSC) has urged an Administrative Law Judge (ALJ) to deny the motion to dismiss filed by Zen Magnets…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

Expected incoming Senate Committee chair to seek reduced CPSC testing burdens

Ranking Republican member of the Senate Committee on Commerce, Science, and Transportation John Thune (S.D.), who, when Republicans take control of…
Article

Shook Hardy & Bacon LLP | USA | 20 Nov 2014

First Circuit confirms jurisdiction over Canadian company

The First Circuit Court of Appeals has determined that Massachusetts courts have long-arm jurisdiction over a Canadian company "where the parties'…
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