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Law.com

State Appellate Court Relies on 'Cancellation Rule' for Expert's Conflicting Testimony

"Dr. Sherri Studstill indicated that damages were a possibility but that she had not made any determination that Mr. Simmons had suffered any actual damages," Tennessee Court of Appeals Judge Jeffrey Usman wrote in a Dec. 3 opinion.
5 minute read

Law.com

Judge's Civil Contempt Order for Zoom Recording Violation Must Include 'The Keys to the Cell,' State Appellate Court Says

"The problem is the contempt order does nothing to cure Robinson’s past violation of the court’s prohibition on recording and fails to include a purge provision upon which Robinson’s contempt may be dissolved," Justice Celia Gamrath wrote on behalf of the Illinois First District Appellate Court.
4 minute read

The Legal Intelligencer

$8M Med Mal Verdict Against Abington Hospital Fends Off Pa. Appeals Court Challenge

The verdict in Rongione v. Abington Memorial Hospital had been awarded to a married couple over complications that occurred while the wife was undergoing a caesarian section.
3 minute read

National Law Journal

Nevada Supreme Court to Decide Fate of Groundbreaking Contingency Cap Ballot Measure

The Nevada Supreme Court heard oral arguments this week about an Uber-backed ballot measure that would impose a 20% cap on contingency fees in all civil cases, the strictest in the nation.
5 minute read

Law.com

State Appellate Court Upholds $149M Punitive Damages Award Against Hyatt

In Dugan v. Hyatt Corporation, the three-judge panel rejected Hyatt's argument that the court shouldn't have supported the punitive damages claims, finding the record showed corporate representatives admitted Dugan was assaulted because the hotel failed to follow its own policies.
4 minute read

National Law Journal

Lawyers, Law Groups Oppose Proposal to Require Court Approval for Amicus Briefs

"The proposal may … significantly increase the rate of amicus denials, thereby chilling amicus curiae filings," Seattle personal injury attorney Maria S. Diamond wrote. "This unintended consequence will deprive the courts of valuable assistance to aid their decision-making on issues of public importance.”
4 minute read

National Law Journal

9th Circuit Judges Weigh if Section 230 Shields Grindr From Defective Design Claims

“[Doe] frictionlessly downloaded the app while he was at school without needing to identify himself or age verify, and was immediately matched with a man who lives next door at the school because they were so geolocation proximate, and that day, the man raped him,” said Carrie Goldberg, the boy's attorney.
4 minute read

Law.com

Uvalde Shooting 'Fresh in Everyone's Mind:' Lone Dissenting Judge Disagrees with School's Disciplinary Decision Over Pellet Gun

In a 2-1 decision, a dissenting judge concluded school officials in Illinois allowed recent school shootings, including in Uvalde, Texas, to influence its punishment of a middle school student.
4 minute read

Law.com

A Meta DIG and Its Nvidia Implications

The Supreme Court granted certiorari in Nvidia to provide guidance on whether and how plaintiffs can use expert reports in securities fraud complaints, notwithstanding any factual issues presented by the case. If the court DIGs Nvidia based on those factual issues, it will further muddy this important legal issue and lead plaintiffs lawyers to push courts to follow the U.S. Court of Appeals for the Ninth Circuit’s erroneous decision.
12 minute read

The Legal Intelligencer

Pa. High Court to Weigh Parent Company's Liability for Dissolved Subsidiary's Conduct

The plaintiffs had contended that their alleged asbestos-related injuries were caused by Dravo, a corporation Carmeuse acquired in the late 1990s that eventually became a limited liability company and filed for dissolution in 2018. The plaintiffs argued that Carmeuse, as Dravo’s parent company, could be held liable for their alleged injuries.
3 minute read

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