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Eastern Texas Still Patent Case Champ, According to Lex Machina Data
Overall patent filings dropped in 2016, a trend analysts attributed to a change in federal pleading requirements in December 2015.
Eastern Texas Still Patent Case Champ, According to Lex Machina Data
Overall patent filings dropped in 2016, a trend analysts attributed to a change in federal pleading requirements in December 2015.
Products Liability, Mass Torts & Class Action
In The Legal's Products Liability supplement, read about "common experience" limitation under "Tincher," the gist of the action doctrine and arbitration agreements in consumer contracts.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.
5 Key Tech Takeaways from ILTACON 2016
Epiq's Adi Elliott gives LTN his thoughts on the role of machine learning, data security, and more from this year's ILTA Conference.
Prolific Objector Facing Pushback From Lawyers in Class Action
A California attorney whose prolific filings for objectors has made him a common name in class action settlements should be referred to bar authorities for failing to disclose that he is suspended from practicing law, according to lawyers in a case over Whirlpool dishwasher fires this month.
After Scalia, Court Shows Diminished Appetite for Class Action Appeals
Lawrence T. Gresser, Patrick M. Connorton and Nicole Paschal of Cohen & Gresser write: Since Justice Scalia's passing on Feb. 13, 2016, the court has shown a diminished appetite for class action appeals and has arguably retreated from some of his positions.
Legionella Risks in Building Water Systems
Well-publicized outbreaks of Legionnaires' disease over the last year have grabbed headlines and spurred regulatory action, highlighting potentially significant liability risks related to water quality in the hospitality, health care, senior housing, and commercial real estate sectors. To properly identify, evaluate, and mitigate such risks, the assessment and diligent maintenance of water quality in buildings is essential.
Beyond E-Discovery on the Evolving Forensic Technology Landscape
The Legaltech West Coast panel explored receiving buy-in from the organization for forensic analysis and the troubles with diverse data sources.TRENDING STORIES
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