A good read on an important topic: my Public Policy Group colleagues Chris Appel and Mark Behrens recently published an article in the latest ABA TIPS section magazine, The Brief, titled “Florida Supreme Court Leads on Apex Doctrine.” Vol. 51,
Mass Tort Defense
Defense of Mass Tort Claims, Class Actions, and Significant Product-Based Litigation
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New Article on Personal Jurisdiction by “Consent”
By Sean Wajert
My partner Joe Blum and I recently published an article on Mallory v. Norfolk Southern Railway Co. and the General Jurisdiction Consent Battle.
We discuss that courts have continued to address the theory that a corporate defendant consents to…
Approaching Two Year Mark on Pandemic — Mental Health So Very Important
By Sean Wajert
We are approaching the second anniversary of the Covid pandemic, at least measured in the time that many law firms were forced to close offices and have attorneys work from home. That time has seen saddening numbers on illness and…
New Article on Product Liability Related Trends
By Sean Wajert
For those of our readers with access to the Law360 universe, my partner Hildy Sastre and I just published an article on Important Product Liability Practice Trends To Watch In 2022.
In honor of Punxsutawney Phil we venture predictions…
Accolade For Firm’s Cybersecurity Team
By Sean Wajert
Very pleased to share the news that the Firm’s team has been named Cybersecurity Group Of The Year by Law360. My colleague Al Saikali heads a 30-laywer, multi-office team that handles all aspects of data and privacy, with particular emphasis…
Another Proposed Vanilla Claim Dismissed
By Sean Wajert
Cases out of New York involving food products catch our eye these days, as NY threatens to become the new “food court.” Today’s post involves Eric Parham v. ALDI, Inc., No. 19 CIV. 8975 (PGG), 2021 WL 4296432 (S.D.N.Y. Sept. 21,…
CAFA Jurisdiction Not Met in Proposed Class: Injury Matters
By Sean Wajert
The Class Action Fairness Act has had a noticeable effect on class action practice. One aspect of CAFA involves the need to assert jurisdictional minimums, as recently reaffirmed by the Eighth Circuit in Penrod v. K&N Eng’g, Inc., No. 20-1355,…
LCJ Comments on Proposed Amendment to FRE 702
By Sean Wajert
We want to point out the cogent Comments by Lawyers for Civil Justice to the Advisory Committee on Evidence Rules in response to the Request for Comments on the Committee’s proposed amendment to Federal Rule of Evidence 702. Readers may…
Beverage Class Action Discarded on Appeal
By Sean Wajert
The Ninth Circuit recently decertified a class of consumers claiming Coca-Cola falsely labelled its drinks as having no artificial flavors when they contain phosphoric acid. In re Coca-Cola Prod. Mktg. & Sales Pracs. Litig. (No. II), No. 20-15742, 2021 WL 3878654,…
Airline Employees Class Action Fails to Take Off
By Sean Wajert
Words matter, and never is that more accurate than in a breach of express warranty claim. Plaintiffs were current and former employees of Delta Air Lines who wore uniforms manufactured by defendant Lands’ End. Plaintiffs originally alleged that the uniforms…