The Legal Intelligencer | Commentary
By Kevin P. Allen and Zachary L. Gross | February 29, 2024
A contracting party defending against a fraudulent inducement claim will frequently invoke two related, yet distinct, defenses: the gist of the action doctrine and the parol evidence rule. The three recent Third Circuit cases cited above illustrate the importance of knowing the differences between the two concepts and conducting the proper analysis of their potential applicability.
The Legal Intelligencer | News
By Amanda O'Brien | February 29, 2024
Ken Fulginiti had been with Duffy + Fulginiti, now the Duffy Firm, for over three decades.
By Amanda Bronstad | February 28, 2024
San Diego County Superior Court Judge Kevin Enright on Monday denied Monsanto's posttrial motions and upheld the Oct. 31 verdict, but found the punitive damages were unconstitutional.
The Legal Intelligencer | Commentary
By Jeffrey F. Laffey | February 28, 2024
As a result of the court's ruling, defense attorneys will continue to be barred from introducing evidence of compliance with industry or government standards—not for lack of effort—and plaintiffs lawyers will be able to sharpen their arguments to focus on whether a product was defectively designed, without any fear of notions of "compliance" muddying the jury's focus at trial.
The Legal Intelligencer | News
By Aleeza Furman | February 27, 2024
"Aggressively blaming the court and plaintiff's counsel for the outcome as opposed to the ineffectiveness of defendant's trial tactics, strategic choice of trial witnesses, cross examinations or proffered defense evidence outcome is hardly a compelling basis for the court to overturn this jury's decision," Crumlish ruled.
By Amanda Bronstad | February 26, 2024
The wide range of Roundup verdicts, from defense wins for Monsanto to a $2.25 billion award, could be due to what jurors hear at trial about the EPA and foreign regulatory agencies.
By Colleen Murphy | February 26, 2024
"The words 'the people' in the Second Amendment presumptively encompass all adult Americans, including 18- to 20-year-olds, and we are aware of no founding-era law that supports disarming people in that age group," Third Circuit Judge Kent A. Jordan wrote.
The Legal Intelligencer | News
By Riley Brennan | February 23, 2024
A judge granted SeaWorld's motion to strike expert testimony, concluding there were issues the expert could not opine on at trial.
The Legal Intelligencer | News
By Aleeza Furman | February 23, 2024
The suburban Pennsylvania jury awarded $8 million in punitive damages based in part on the allegation that the defendant tried to undermine the patient's claims by withholding dental records.
The Legal Intelligencer | Commentary
By Rich Lee | February 23, 2024
Seamus Duffy explained how arbitration law has evolved from before the Concepcion decision to the world of mass arbitrations today.
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