Interesting comments by Judge Rakoff in a thirty minute podcast interview on intersections between science and law. Among other things, he commented on the need for more training in science, ranging from more education by judicial education groups (e.g. the Federal Judicial Center), and use of “science day” hearings. View Full Post
Hellas – a blow to the confidentiality of litigation funding arrangements A great deal of insolvency litigation is funded by non-parties to a claim – for example, by a creditor or an “after the event” (ATE)  insurer. Ordinarily such arrangements and their precise terms are confidential and are not required to be fully disclosed to a counterparty in litigation. View Full Post
PACER’s fees are under attack in a lawsuit now at the summary judgment stage. The lawsuit is described in a very partisan article I stumbled across. It’s a January 23, 2018 article at Naked Capitalism. An excerpt is set out below: “Over the past year many press trade groups have filed friend of the court Amicus briefs, all of them arguing the excessive fees were an impediment to full and accurate reporting. View Full Post
Texas Showdown Over Class Claims This past November, the Bankruptcy Court for the Southern District of Texas sided with the majority of circuit courts when it held (i) that bankruptcy courts may apply Federal Rule of Civil Procedure 23 to class proofs of claim and administrative proofs of claim, and (ii) that a putative representative may file a conditional claim on behalf of a putative class that may later be certified.  View Full Post
Throwing Shade At Sunbeam: Following Lubrizol And Not The Seventh Circuit, The First Circuit Leaves Another Trademark Licensee Rejected And Out Of Luck The Tempnology Trademark Saga. When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. The Original. It all started in November 2015. Following Tempnology’s rejection of an agreement containing a trademark licensee, the New Hampshire Bankruptcy Court ruled that the licensee could no longer use the licensed trademarks. View Full Post
Jock McCulloch (and colleagues) wrote multiple books attacking companies that manufactured and/or sold asbestos-containing products in Australia or South Africa.  They include Asbestos – Its Human Cost (1986),  Asbestos Blues: Labour, Capital, Physicians & The State in South Africa (2002), and Defending the Indefensible (2008).    View Full Post
  In Voces v. Energy Resource Technology, GOM, LLC, et al. the United States Court of Appeals for the Fifth Circuit reviewed the longstanding general rule in Louisiana known as the independent contractor defense, which provides that a principal is not liable for the negligent acts of an independent contractor acting pursuant to the contract. View Full Post
The First Circuit Court of Appeals in the recent case Mission Product Holdings, Inc. v. Tempnology, LLC refused to recognize certain protections for trademark licensees when the licensor files bankruptcy and seeks to reject the license. Rejection is a bankruptcy term of art and refers to the ability of a debtor, pursuant to Bankruptcy Code section 365, to free itself of obligations in agreements including licenses. View Full Post