7/6/17
By: Erin Lamb
A blast from the dot-com bubble past took some of its final breaths in a Philadelphia courtroom recently, when a judge granted summary judgment in a legal malpractice action with its roots in the 2002 bankruptcy of …
7/6/17
By: Erin Lamb
A blast from the dot-com bubble past took some of its final breaths in a Philadelphia courtroom recently, when a judge granted summary judgment in a legal malpractice action with its roots in the 2002 bankruptcy of …
The Supreme Court Buys Into Argument that Plaintiffs Should Not Be Permitted to Forum Shop
6/22/17
By: Kristian Smith & Robyn Flegal
The U.S. Supreme Court decided one of the most important mass tort/product liability decisions ever Monday, effectively ending forum shopping or “litigation tourism.” In its 8-1 ruling, the Supreme Court in Bristol-Myers Squibb Co. …
6/9/17
By: Robyn Flegal
In July of 2007, Joshua Martin suffered a brutal gang attack outside of Six Flags Over Georgia and was left with severe brain damage. On June 5, 2017, the Supreme Court of Georgia granted certiorari to decide …
Insurance Disclosures Under § 627.4137 and its “Teeth”
4/3/17
By: Jeremy W. Rogers
For those insurance defense attorneys and insurance carriers handling liability cases or claims in Florida, unless you have not been paying attention for the past 35 years, you are aware of Fla. Stat. § 627.4137 and …
Georgia’s 8 Year Statute of Limitations for Tort Victims of Unidentified Criminals
3/17/17
By: Jason Kamp
The longevity of certain crime-related tort claims seemingly increased four-fold.
Georgia tort claims are typically extinguished by the statute of limitations after two years, unless the limitations period is tolled. One source of tolling is O.C.G.A. § …
Eleventh Circuit Applies Spokeo’s Stringent Article III Standing Requirements
10/27/16
By: Robyn Flegal
Earlier this year, the Supreme Court clarified the pleading requirements to establish standing in federal lawsuits arising out of alleged statutory violations. A detailed explanation of the Supreme Court’s Spokeo[1] opinion can be found on the …
CFPB's Unilateral Power Structure Held Unconstitutional
10/24/16
After more than five years of heavy regulation and enforcement targeting financial institutions and the automotive industry, the Consumer Financial Protection Bureau (CFPB) faces a new hurdle. Last week, the D.C. Circuit Court of Appeals ruled …
10/3/16
By: A. Ali Sabzevari
A federal judge recently dismissed a class action lawsuit accusing CrossCountry Mortgage, Inc. of contacting consumers nationwide with unsolicited calls, finding that plaintiffs did not clearly show the mortgage lender made the calls in dispute. Filed …
No Proof of Damages Knocks-Out Negligent Misrepresentation Claim
9/13/16
By: John Goselin and Kristian Smith
There is no point in prosecuting a lawsuit if you can’t prove up any damages. If you don’t think strategically at the beginning, you may find yourself with a pyrrhic victory or just simply …
9/8/16
By: Michael Bruyere and Amanda Hall
On August 8, 2016, the FDA issued draft guidance on “Deciding When to Submit a 510(k) for a Change to an Existing Device.” Current regulations provide that a manufacturer of a medical device must …
8/31/16
By: John Goselin and Ze’eva Kushner Banks
Plaintiffs’ attorneys have a new target – educational institutions offering 403(b) plans and the fiduciaries who are responsible for monitoring the plans. No less than eleven lawsuits, all but one of which have …
DOJ Nearly Doubles False Claims Act Penalties, Increasing Risk of Litigation and Potential Liability
8/30/16
By: Michael Wolak III
On June 30, 2016, the Department of Justice (“DOJ”) issued an Interim Final Rule that nearly doubles civil penalties for False Claims Act (“FCA”) violations. The FCA is a federal law that prohibits anyone from submitting …