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November 14, 2005 |

Is CAFA Working?

The CAFA is beginning to engender a considerable body of case law. Previous columns have covered issues such as the effective date of CAFA, the question of who has the burden of proving federal jurisdiction and the related questions of determining how to value claims under CAFA's jurisdictional provisions. This column continues the discussion.
8 minute read
December 01, 2005 |

Editors Note

Always knew an in-house lawyer would be nominated for the U.S. Supreme Court someday, didn't you?
3 minute read
August 09, 2006 |

Recovering Attorney Fees in Patent Litigation

Patent litigation can be bitter, and parties often engage in aggressive strategies. But those strategies can result in attorney fees being awarded, based on 35 USC �285 of the Patent Act, which reads: "The court in exceptional cases may award reasonable attorney fees to the prevailing party." As a result, two important questions arise: What constitutes an "exceptional" case prompting a court to consider an award of attorney fees, and when is a court likely to award attorney fees to a prevailing party?
9 minute read
September 27, 2002 |

Sweatshop Case Settles for $20M

Three overseas sweatshop lawsuits involving dozens of the country's largest retailers and a 30,000-member class of garment workers have settled for $20 million. Abercrombie & Fitch, Target, Gap Inc. and J.C. Penney Co. are among the retailers and manufacturers that agreed Wednesday to settle suits alleging that factory workers on the U.S. commonwealth island of Saipan were subject to exploitative conditions.
5 minute read
November 15, 2012 |

Judge Finds Efficiency in Class Certification for Suit Against Sears

In a concise eight-page decision issued on Nov. 13, Judge Richard Posner U.S. Court of Appeals for the Seventh Circuit overturned a decision denying class certification in a moldy washer case against Sears Roebuck & Co., which sells Whirlpool machines.
4 minute read
July 12, 2004 |

Decision summaries from the NLJ

Driving suspension valid only if reasonably based�and other decisions from The National Law Journal.
11 minute read
December 18, 2007 |

Opening Doors to EU Data

When discovery requirements of U.S. litigation challenge the European Union's data protection laws, the EU laws can substantially restrict the "processing" of personal data. For discovery to ensue, says DLA Piper senior privacy counselor David Bender, an out-of-the-box solution may be required.
9 minute read
April 26, 2006 |

Teflon Litigators Hope Class Action Sticks

Lawyers who represent potentially 10 million Teflon cookware users in federal multidistrict litigation against DuPont are hoping to make stick their claims that they should have been warned of the purported carcinogenic and respiratory hazards of toxic fumes released while using Teflon pots and pans at high temperatures. But first they must convince a federal judge in Iowa -- where 14 class actions were consolidated from 12 other states in February -- to grant class certification to the plaintiffs.
4 minute read
March 10, 2008 |

Inadmissible

4 minute read
December 12, 2005 |

Political loyalty v. the Fifth

Given that Cheney-staffer Lewis Libby�s indictment was all about answering questions on a highly charged foreign policy issue, the political considerations are obvious. But so too are the criminal implications. Anyone other than a high government official in Libby�s situation would clearly have been advised to invoke his Fifth Amendment right to silence.
4 minute read

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