On July 17, 2023, the California Supreme Court issued a key decision which clarifies the impact of enforceable arbitration agreements on standing for California’s Private Attorneys General Act of 2004 (“PAGA”). Previous ambiguity over the issue followed the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022),…
Artificial intelligence (AI) continues to rapidly evolve, influencing numerous sectors globally, including the medical technology industry. Recognizing the need for professionals in the industry to understand the potential litigation risks associated with AI’s growing influence, a noteworthy webinar will take place on August 29, 2023, at 2 pm ET. Entitled “Artificial Intelligence Litigation Risks for…
The recent lawsuit against Grammy-award-winning artist Lizzo has caught the attention of employers and legal professionals worldwide. Three of her former dancers have leveled various claims against her, including creating a hostile work environment and discrimination. Although Lizzo and her team have vehemently denied these allegations, they serve as a powerful reminder of the essential…
On July 21, 2023, the Southern District of New York weighed in on a closely-watched class action lawsuit involving an undisclosed agriculture company and several of its senior officers (the “Individual Defendants”). The court, led by Judge Lewis J. Liman, both granted in part and rejected in part a motion to dismiss the securities class…
In today’s rapidly evolving legal landscape, mastery of the courtroom essentially remains an art with some crucial aspects handed down purely through experience and observation. This sentiment is shared by litigation attorney Dan Small in the inaugural episode of his podcast series, “The Trial Lawyer’s Handbook”. Mr. Small, who is a seasoned trial attorney, discusses…
In an ongoing scrutiny of events surrounding the 2020 U.S. Presidential Election, former U.S. President Donald Trump has reportedly contested what he deems an overly restrictive protective order proposed by federal prosecutors. According to details available from a Law360 report, the proposed order pertains to the handling of sensitive discovery materials in a case indicting…
Ahead of a fast-approaching jury trial, point-of-sale and e-commerce organization Lightspeed has proposed a legal strategy aimed at preventing the potential utilization of past litigation victories by their opposition. Specifically, the Pennsylvania-based patent company is being asked not to reference a previous $13M verdict victory that took place in Texas federal court. According to Law360’s…
The legal landscape relating to asbestos cases continues to evolve, with significant changes to filings throughout 2023. The data compiled by KCIC in their recent 2023 Mid-Year Asbestos Filings Update provides a succinct snapshot of the current situation. This mid-year update provides insights derived from information collected up to July 31. By analyzing this data,…
In FLSA (Fair Labor Standards Act) violation cases, lawyers representing the plaintiff often assert that every single alleged wage-hour violation is ‘willful’. This strategy can be viewed as a negotiation tactic or a misunderstanding of the concept of ‘willfulness’. The argument implies that any violation extends the statute of limitations for the offence by an…
Donald Trump’s legal troubles continue to pile on as the flurry of civil litigation against him remains unresolved. These include defamation lawsuits and appeals, and a second suit brought forward by E. Jean Carroll. In addition to the civil prosecution by the New York Attorney General, Carroll’s litigation has put Trump in a defensive stand….
In a critical update to the case of D.K. et al. v. United Behavioral Health et al., the Tenth Circuit Court has chosen not to revisit its decision requiring significant changes to health plan denial letters. As a focal point in the health benefits field, the implications of this lawsuit and the ensuing rulings carry…
In a recent ruling, a Texas state judge decreed that Littler Mendelson PC, a prominent U.S. law firm, is obligated to disclose details pertaining to a forensic search conducted in relation to a lawsuit against one of its former associates. The firm accuses the former associate of illegally absconding with integral documents. The judge’s pronouncement…
The integration of artificial intelligence (AI) technology in the legal profession, particularly in electronic discovery (e-discovery), has brought new possibilities, as well as challenges, to legal professionals and corporate entities. One such AI technology making waves in the industry is OpenAI’s ChatGPT, an AI language model that has the potential to transform document review and…
In a recent move, legal representatives for Wells Fargo investors have appealed to a New York federal judge to confirm their fee request of $180 million. The proposed fee amounts to 18% of a significant $1 billion settlement. The settlement in question goes toward resolving allegations that the banking institution conveyed misleading information regarding its…
In a noteworthy legal resolution, Kelley | Uustal attorneys John Uustal, Matthew DellaBetta and Fan Li recently secured a $4.7 million wrongful-death settlement for the bereft parents of a young Pompano Beach woman, who sadly lost her life in a June 2020 incident. The fatal crash occurred when a speeding Lamborghini SUV collided with a…
Defamation, both in its conventional and online forms, can have severe repercussions on personal and professional lives. As a pivotal part of any defamation lawsuit, proving the damages accrued due to untrue statements can be somewhat convoluted. The fact that an individual or corporation suffered from the defamation is evident; however, making that argument in…
The U.S. Department of Justice (DOJ) and the U.S. Environmental Protection Agency (EPA) have jointly announced the creation of a regional, cross-agency taskforce focused on environmental crimes in Puerto Rico and the U.S. Virgin Islands. This new task force signifies a growing trend of legal attention being levied on environmental regulation violations by businesses, a…
In the latest legal development from the United Kingdom, the UK Supreme Court delivered a significant verdict in R (PACCAR Inc & ors.) v Competition Appeal Tribunal & ors [2023] UKSC 28 that bears great implications on litigation funding. The court pronounced that litigation funding agreements, referred to as “LFAs”, are in fact a provision…
In the ever-evolving landscape of M&A litigation, a fresh ruling by the Delaware Court of Chancery has provided a newly sharpened tool for legal professionals navigating disclosure-related actions. The court has recently held that supplemental disclosures need to be “material” – a condition that isn’t met simply by virtue of their existence – in order…
Recent developments in Congress could potentially reshape the patent litigation landscape, with two bills recently introduced seeking to reform patent eligibility and change procedures for litigating patent invalidity. These developments may require legal professionals involved in patent litigation to recalibrate strategies and anticipate the potential implications of such legislative changes on infringement litigation. The first…
USA Made claims continue to garner significant legal attention, with regular challenges from the Federal Trade Commission (FTC) among others. Recent attention has been focused on a class certification against R.C. Bigelow, Inc., in the Central District of California, making the matter a crucial point of consideration for legal professionals in corporate sectors and law…
In January 2020, plaintiff Sean Dailey filed a complaint against his former attorney Sam L. Amirante and his law firm, Sam L. Amirante & Associates, P.C., alleging legal malpractice, among other allegations. Dailey’s petition led to a trial court trial which culminated on July 23, 2021, with the court granting a motion to dismiss the…
In an unfolding wage dispute, intellectual property firm Nolte Lackenbach Siegel, based in Texas, is seeking to confirm that it does not owe its former attorney over $200,000 in back pay. Adrian Cruz reported on August 7, 2023, that the firm filed a lawsuit in Texas federal court against their former employee, who claims the…
In a recent ruling by the Supreme Court in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28, the legal industry has been imbued with uncertainty, particularly around the future direction of litigation funding. JDSupra reports that this case presents an array of questions…
In the District of Massachusetts, a significant legal decision transpired when Judge William G. Young granted partially and denied in part a motion to dismiss a putative class action lawsuit. This decision appears to pave a new path for companies and their executives when responding to litigation threats. The case in question was brought against…