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April 17, 2024 | Law.com

Paraquat Judge Tosses Key Plaintiffs' Expert Over 'Methodological Contortions'

U.S. District Judge Nancy Rosenstengel, who is overseeing the paraquat multidistrict litigation, found that Dr. Martin Wells, a biostatistician and epidemiologist at Cornell University, used unreliable methodologies in concluding that exposure to the pesticide increased the risks of getting Parkinson's disease.
5 minute read
April 09, 2024 | New York Law Journal

Aviation Deaths on the High Seas: Continuing Questions and Recent Developments

This article focuses on one important maritime statute: the Death on the High Seas Act (DOHSA), including its all-important Commercial Aviation Exception. It also analyzes two unresolved procedural issues in DOHSA cases: whether and when they are removable to federal court and whether a DOHSA plaintiff has a right to a jury trial.
16 minute read
April 05, 2024 | New York Law Journal

Health Care AI: The New Buzzword in a Shifting Legal Regime

Artificial intelligence has proliferated the health care sector, sparking litigation and increased regulatory activity. This article analyzes the impact of AI in health care and regulatory agencies' efforts to keep up—all against the backdrop of a potentially weakened 'Chevron' deference framework.
8 minute read
March 25, 2024 | National Law Journal

Breyer Makes His Case Against Textualism and Originalism

"Those theories will not bring about the advantages that their advocates hope to achieve. They will not bring certainty to the law," the retired justice writes in his forthcoming book, "Reading the Constitution: Why I Chose Pragmatism, Not Textualism."
7 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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March 25, 2024 | The Legal Intelligencer

DOL's Final Rule on Independent Contractor Classification Likely Is Not the Final Word

While the DOL rule took effect as scheduled (in contrast to the NLRB joint employer rule that was struck down by a Texas federal court on March 8), multiple lawsuits stand in its path and lawmakers in both chambers of Congress are challenging the 2024 IC Rule under the Congressional Review Act.
6 minute read
March 25, 2024 | Law.com

MDL Judge: 'Significant Number of Plaintiffs' Can't Allege Paraquat Exposure

Chief U.S. District Judge Nancy Rosenstengel, in the Southern District of Illinois, has issued a series of discovery orders after finding many of the 5,200 lawsuits over paraquat are "implausible on their face."
8 minute read
March 21, 2024 | National Law Journal

'Reason to Worry': Ex-DC Circuit Judge Warns of SCOTUS' Embrace of 'Major Questions' Doctrine

David Tatel also voiced concern for the fall of "Chevron deference."
4 minute read
March 20, 2024 | Daily Report Online

Alston Sees Litigation 'Spike,' Contributing to 8% Revenue and Net Income Growth

The firm reached another financial milestone in 2023, when its PEP passed the $3 million mark for the first time, increasing 9.3% to $3.252 million.
5 minute read
March 19, 2024 | Daily Report Online

'Cutting-Edge Application': EV Charging Station Co. May Choose Power Supplier, Divided Panel Rules

The court had to interpret a 1973 statute in the context of a technology that has only recently become ubiquitous.
5 minute read

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