The long awaited decision by the Fifth Circuit regarding the NLRB’s D.R. Horton case issued this week in which the Court bypassed a number of jurisdictional issues and went straight to the heart of the matter.  In sum, the Court found that the Board’s finding that a class action waiver in conjunction with a mandatory arbitration provision regarding employment claims was not, per se, a violation of the National Labor Relations Act. 

Talc, the mineral from which talcum powder is made, is rather innocuous by itself. However, because its chemical makeup and geologic formation is similar to tremolite, a form of asbestos, deposits of the two substances often are located near each other.  This proximity creates the possibility for contamination of the talc, and plaintiff’s attorneys are taking advantage of that possibility.

The Occupational Safety and Health Administration is launching a local emphasis program in Kansas, Nebraska and Missouri for programmed health inspections of industries known to use hazardous chemicals and who have reported release of such chemicals to the Environmental Protection Agency. Chemicals reported to the EPA that have been released into the environment include ammonia;…

A trend has emerged across the country whereby more courts are rejecting the every exposure theory in asbestos litigation.  This theory, also referred to the single fiber theory, is used by plaintiffs in asbestos litigation to argue that a single fiber is substantially causative of asbestos-related diseases.

We are deeply saddened by the loss of our partner, Ike Skelton.

Ike was truly a remarkable Congressman, humanitarian, partner and friend. During a recent visit to our DC office, I visited with Ike.  During our wide-ranging discussions, Ike was able to recall the smallest details of his campaigns and his career, including his ascension…

Contractual forum selection clauses—i.e., provisions selecting specific courts for subsequent related litigation—abound in technology, manufacturing, and transportation commercial agreements. Oftentimes, manufacturers, suppliers, vendors, service-providers, and the like designate particular courts to lessen the costs of future litigation, as well as the likelihood of judicial error.