By Ellen Bardash | June 8, 2021
Judge Charles R. Breyer has been selected to preside over the new MDL, which will be litigated in the Northern District of California. The global consulting firm, which is headquartered in Manhattan, wanted the case to be sent to the Southern District of New York.
By Tom McParland | June 8, 2021
The Queens lawyer, who represented himself in the case, targeted a Texas-based utility company Spark Energy over unwanted robocalls.
By Tom McParland | June 4, 2021
The arguments, which were held remotely before a three-judge panel of the Manhattan-based appeals court, were decidedly more tame than the viral 2019 blow-up that landed him in disciplinary trouble with a Second Circuit grievance panel.
By Jared R. Friedmann and Michael Goodyear | May 14, 2021
Prior to 2019, courts around the country consistently held that e-commerce platforms were not liable for injuries caused by products sold on their platforms, finding them to be mere facilitators of third-party transactions. More recently, however, their potential liability is less clear. This article examines this shift in order to provide guidance as to how companies may be able to limit future potential liability.
By Amanda Bronstad | May 10, 2021
After dozens of injury reports, including one death, Peloton CEO John Foley, to the surprise of many lawyers, denied there were safety problems with the company's treadmills then, last, week, abruptly changed course and recalled 125,000 of the Tread+ products. His actions, although unusual and delayed, may have stopped potential lawsuits in their tracks, lawyers said.
By Tom McParland | May 10, 2021
The ruling, from a divided panel of the Manhattan-based appeals court, found for the first time that plaintiffs have Article III standing to sue over the alleged violation of legal interests created by a state statute.
By Tom McParland | April 26, 2021
The unanimous ruling held that plaintiffs may establish an injury based on an "increased risk" of identity theft or fraud once their data has been leaked.
By Ellen Bardash | April 13, 2021
Defense lawyers said the case was one of products liability while counsel for tribal governments said they were stating a claim for negligence and public nuisance in holding JUUL responsible for health impacts on young people.
By Ryan Tarinelli | April 7, 2021
Last year's budget language gave sweeping immunity protections to hospitals and nursing homes and included shields from certain civil and criminal liability.
By Marcia Coyle | April 1, 2021
"Appellate judges spend virtually every working hour speaking, listening to, reading, or writing English prose. Statutes are written in English prose, and interpretation is not a technical exercise to be carried out by mechanically applying a set of arcane rules," Alito wrote in a concurrence in the case Facebook Inc. v. Duguid, which confronted the Telephone Consumer Protection Act.
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