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September 19, 2023 | New York Law Journal

First Dept. Forms Bright-Line Rule To Cap Damages From Breach of 'Agreement to Agree'

In his March 2023 column, Curtis Leitner discussed how the trial court in 'Cresco' bucked the principle that damages from a breach of a preliminary "agreement to agree" are limited to out-of-pocket costs—however, the First Department reversed this decision in June. This column addresses that reversal.
8 minute read
September 15, 2023 | The Legal Intelligencer

People in the News—Sept. 15, 2023—McCarter & English, Cipriani & Werner

McCarter & English Philadelphia partner Maria Panichelli is scheduled to speak at an upcoming webinar on Sept. 21 hosted by the Public Contracting Institute (PCI) titled "Federal Infrastructure Contracting Series: Effective Utilization of Debriefings and Bid Protests."
3 minute read
September 13, 2023 | New Jersey Law Journal

Attorney of the Year Announced

During her GSBA presidency, Natalya Johnson marshaled efforts to form a charitable foundation to boost scholarships, presided over formation of a Mental Health and Wellness Committee, and established the organization's first physical office and meeting space.
3 minute read
September 11, 2023 | New Jersey Law Journal

Ian Marx Balances Commercial Litigation Success With the 'Privilege' of Public Interest Work

"When I grew up as a New Jersey lawyer, you'd look around at who the best litigators were. ... [They] had a commitment to the public interest, to social justice, and that was always influential in forming my identity," Marx said.
6 minute read
September 11, 2023 | New Jersey Law Journal

Natalya Johnson Proved Herself a 'Visionary' and 'Change Agent' as GSBA President

"When you can articulate a mission, people will understand and see a vision. It's a really powerful mechanism for drawing people along to join you in the journey. And it's always better together," Johnson said.
6 minute read
Law Journal Press | Digital Book Negotiating and Drafting Contract Boilerplate Authors: Tina L. Stark View this Book

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September 06, 2023 | The Legal Intelligencer

Fed. Judge Who Oversaw Asbestos MDL Deconsolidation Joins McCarter & English ADR Practice

Judge Eduardo Robreno stepped down from the Eastern District of Pennsylvania bench on Aug. 31, a decade after taking senior status.
4 minute read
September 06, 2023 | New Jersey Law Journal

New Jersey Dealmaker of the Year: Here Are Our Finalists

Read their Q&As here. The winner will be announced Sept. 13 at the New Jersey Legal Awards.
1 minute read
September 05, 2023 | Connecticut Law Tribune

McCarter & English Faces Legal Malpractice Claim

"In an attempt to save their untimely claims, plaintiffs first argue the two loans were essentially one big transaction because the loans were similar and there was a cross-default provision. They then argue the legal representation continued to August 17," the defendants said in their reply in support. "Both arguments fail."
4 minute read
August 29, 2023 | Delaware Business Court Insider

McCarter & English, Hogan Lovells Rep AstraZeneca In Suit Challenging Inflation Reduction Act Drug Pricing Scheme

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
In Re: Proton Pump Inhibitors Prod. Liab. Litig.
Publication Date: 2023-08-28
Practice Area: Products Liability
Industry: Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys:
For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Martin Bienstock, Bienstock PLLC, Washington, D.C. for plaintiff.
For defendant: James J. Freebery, Daniel J. Brown, Makenzie Windfelder, Hayley J. Reese, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE; Arthur E. Brown, William Hoffman, Matthew Douglas, Arnold & Porter Kaye Scholer LLP, New York, NY; Amy K. Fisher, Katherine D. Althoff, Carolyn E. Riggs, Ice Miller LLP, Indianapolis, IN; Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Sherry Knutson, Tucker Ellis LLP, Chicago, IL; Craig A. Thompson, Venable LLP, Baltimore, MD for defendants.
Case number: N17C-07-001 PPI

Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie

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