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March 11, 2013 |

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35 minute read
September 30, 2005 |

Fla. Physicians, Plaintiffs Lawyers Battle Over Med-Mal Discovery

Several recent Florida rulings have found in favor of medical malpractice plaintiffs who want to use a new state constitutional amendment to obtain previously confidential hospital records on medical errors and physician discipline. Defense and plaintiffs lawyers are battling over the amendment, which could have a major impact on malpractice litigation -- as well as on the ability of hospitals and their medical staffs to conduct physician peer review and monitor quality of care.
8 minute read
Eleventh Circuit Invokes Iqbal in Affirming Dismissal of Alien Tort Claims Against Coca-Cola and Bottlers
Publication Date: 2009-08-12
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The allegations were startling: Plaintiffs accused Coke and its Colombian bottling subsidiaries of conspiring in the torture and murder of trade unionists by Colombian paramilitary forces. But first the district court and now an appellate panel found that they hadn't pled sufficient facts to establish subject matter jurisdiction.

Despite Fiery Eight-Judge Dissent, Ninth Circuit Refuses to Reconsider Ruling Reviving Daimler ATS Suit
Publication Date: 2011-11-10
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It's a testament to both the importance and the uncertainties of Alien Tort Statute litigation that ATS cases keep igniting crucial divisions not only between the federal appellate courts, but within them as well.

Another Loss for Alien Tort Litigants
Publication Date: 2010-09-20
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The same week the Second Circuit gutted the Alien Tort Statute in a case involving Shell in Nigeria, a state court judge in Los Angeles dismissed a case against Dole over killings in Columbia on statute of limitations grounds.

Chiquita Hit with New Alien Tort Suit: It Includes 960 Anonymous Plaintiffs And No Details on Allegations
Publication Date: 2010-03-15
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The case is a prime example of why ATS litigation is frustrating on both sides. The plaintiffs' lawyer says he can't identify his clients because he fears for their safety. Chiquita, meanwhile, is forced to defend against non-specific--but heinous--allegations.

Supreme Court Again Tackles Alien Tort Law in Daimler Case
Publication Date: 2013-04-22
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The U.S. Supreme Court on Monday signaled it is not done dealing with the question of using U.S. courts as a forum for resolving disputes with multinational corporations over their role in overseas human rights abuses.

Ninth Circuit Grants Rehearing of Alien Tort Statute Case Against Mercedes-Benz; Second ATS Win for Plaintiffs Lawyers in Two Weeks
Publication Date: 2010-05-12
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We've been pretty down on the prospects for Alien Tort Statute cases lately, but in a pair of recent rulings, there's a ray of hope for plaintiffs.

Judge Resolves Discovery Spat in DynCorp Alien Tort Case over 'Plan Colombia'
Publication Date: 2012-04-24
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In a decade-old Alien Tort Claims Act case, defense lawyers for DynCorp cited concerns that handing over discovery material might reveal the flight paths of U.S. State Department contractors to narco-terrorists in the Andean jungle.

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