| November 2, 2017 |
| New Developments |
| Mr. Gorsuch Goes to Washington: Is Chevron Endangered? By Tierra Jones Since the Supreme Court’s 1984 holding in Chevron USA v. Natural Resources Defense Council (“Chevron”), courts have looked to federal administrative agencies in interpreting regulatory statutes. Under this doctrine, commonly referred to as “Chevron deference,” courts adopt |
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On October 17, 2017, the Court of Appeals for the Eastern District of Missouri reversed a $72 million judgment that was previously rendered against Johnson & Johnson, relying on a United States Supreme Court decision that was issued earlier this year. In June, the Supreme Court of the United States narrowed the scope of specific personal jurisdiction in Bristol Myers Squib Co. v. Superior Court of California, San Francisco County, 137 S.Ct. 1773 (2017), holding that that each plaintiff in a multi-plaintiff case must establish personal jurisdiction over the defendant for his or her individual claim. Applying the Supreme Court’s decision, the Court of Appeals reversed the plaintiff’s verdict that was issued in February 2016 in Estate of Fox v. Johnson & Johnson, No. ED104580.
If your employees are part of the 25 million who have arbitration agreements that agree to bring claims in individual arbitration alone, then you will want to watch for the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis. The Court heard arguments in the case last Monday and several of the Justices…
| September 8, 2017 |
| New Developments |
| The SELF DRIVE Act Motors Through Congress By Mark Pratzel On September 6, 2017 the House of Representatives unanimously passed H.R. 3388, also known as the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” also known as the “SELF DRIVE Act.” The broad, bipartisan support for this |
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The United States Supreme Court recently narrowed the scope of both specific and general jurisdiction in two seminal cases, Bristol-Myers Squib Co. v. Superior Court of California, San Francisco County, 137 S.Ct. 1773 (2017) and BNSF Railway Co. v. Tyrrell, 137 S.Ct 1549 (2017).
| May 10, 2017 |
| New Developments |
| Discovery Sanctions Sanctioned By Alan Hoffman On April 18, 2017 the United States Supreme Court did something unusual: it decided a discovery issue. In Goodyear Tire & Rubber Co. v. Haeger (2017), it reversed a $2.7 million sanctions order for bad faith discovery misconduct. And in Sec. Nat’l Bank |
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| April 10, 2017 |
| New Developments |
| I Like It, But Do I Trust It? Drivers Weigh In on Autonomous Vehicle Technology By Shannon Peters The American Automobile Association (AAA) recently released the results of a survey of American drivers which yielded an interesting conclusion: Americans want autonomous vehicle (AV) technologies in their next vehicle, but they |
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More and more it seems disputes are occurring over what information the EEOC may subpoena from employers. On April 3, 2017, the U.S. Supreme Court issued its ruling in McLane Co. v. EEOC, weighing in on the standard of review on appeal when district courts either enforce or quash an EEOC subpoena.
Before discussing the case, let’s first address how we get to an appeal of such an issue:
In a 7-1 decision Tuesday, the U.S. Supreme Court ruled that laches cannot be a defense in many patent infringement cases. The Federal Circuit previously ruled that laches, which bar suits after unreasonable delays, prevented SCA Hygiene Products AB from suing their competitor First Quality Baby Products LLC. Tuesday’s Supreme Court ruling in SCA Hygiene Products…
| July 8, 2016 |
| New Developments |
| Federal Preemption of Pesticide Failure to Warn Claims By Alan Hoffman In 2005, the United States Supreme Court decided Bates v. Dow Agrosciences LLC, 544 U.S. 431 (2005), concerning preemption of state law failure to warn claims by the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136 et |
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