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March 13, 2017 |

Kirkland, Quinn Emanuel Litigators Join New LA Boutique

Pierce Sergenian, a Los Angeles-based firm formed in January by John Pierce, a short-lived litigation leader at K&L Gates, is expanding by hiring a Kirkland & Ellis partner and an of counsel from Quinn Emanuel Urquhart & Sullivan.
34 minute read
January 31, 2017 |

The Flood of Class Actions Under NJ's TCCWNA

Enacted over three decades ago, New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 to -18 (TCCWNA), sat largely unnoticed by the plaintiffs bar until recently. But in the past couple of years, scores of putative class actions have been filed alleging violations of TCCWNA against a broad array of businesses such as Wal-Mart, Target, J. Crew, Select Comfort, Burlington Coat Factory, Toys "R" Us, Bed Bath & Beyond, TGI Friday's, Johnston & Murphy, Whirlpool, and Bob's Discount Furniture. TCCWNA's broad reach has been found to encompass nearly every form of written consumer contract, warranty, notice, advertisement or sign that is displayed, offered, or entered into with a consumer or potential consumer—from restaurant menus to in-store displays to website terms and conditions of use. And the statute's penalty of at least $100 per violation, coupled with its fee-shifting ­provision, makes it attractive for the class-action bar and dangerous for ­businesses with substantial customer contacts, since alleged damages could rapidly rise into the millions or tens of millions of dollars. Whether it's a brick-and-mortar retailer in New Jersey or an internet business marketing to New Jersey consumers, TCCWNA could be a pricey trap for unwary enterprises. New Jersey state and federal courts, the U.S. Court of Appeals for the Third Circuit and courts elsewhere are grappling with novel issues arising under TCCWNA, and potentially important decisions are pending.
18 minute read
January 24, 2017 |

Pennsylvania Instant Case Service Download Page (2016 Cases)

Use this page to download the 2016 cases discussed in The Legal Intelligencer.
212 minute read
December 21, 2016 |

Hyundai's GC Steps Up After CEO's Departure

W. Gerald Flannery, who has been with Hyundai since 1987, was appointed interim president and CEO, effective immediately. He will remain the company's chief legal and safety officer, continuing to oversee all legal matters in the United States.
4 minute read
October 11, 2016 |

Wise v. Hyundai Motor Co., PICS Case No. 16-1201 (C.P. Monroe Aug. 23, 2016) Williamson, J. (4 pages).

Passenger in a car crash was unable to extricate herself when the car caught fire. Representatives of her estate brought suit against the car manufacturer, alleging a front-bumper design defect that was responsible for decedent's inability to exit the vehicle. The manufacturer sought summary judgment on grounds that the estate did not plead a theory of liability against them, but the court found they did not effectively rebut the claim. Questions of material fact remained, and so summary judgment was not appropriate. The motion was denied and a trial date set.
4 minute read
April 04, 2016 |

'Alice' in Patentland: Turning Point for Patent Litigation

Two years ago, Rob Hunter was served with the kind of intellectual property lawsuit that terrifies seasoned corporate general counsel. His company, Altec Industries, was sued for patent infringement in the Eastern District of Texas, dropping them straight into a plaintiff's fantasy world of litigation where jury awards are huge and judges rarely dismiss claims on summary judgment.
28 minute read
February 08, 2016 |

Bird Marella

Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, a 39-attorney Los Angeles shop specializing in white-collar and complex civil defense, believes in knowing the enemy.
3 minute read
January 18, 2016 |

Firms Line Up to Lead VW Suits

More than 140 law firms have applied for leadership positions in litigation targeting Volkswagen A.G. over the company's "clean diesel" emissions scandal.
6 minute read
January 16, 2016 | Law.com

Firms Line Up to Lead VW Suits

More than 140 law firms have applied for leadership positions in litigation targeting Volkswagen A.G. over the company's "clean diesel" emissions scandal.
6 minute read
January 15, 2016 |

With Big Money in Play, VW Case Draws a Crowd

About 150 law firms are vying for roles in the litigation, leading one class action critic to call for a bidding process.
8 minute read

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