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Are Law Schools the “Next Tobacco” for Class Action Lawyers?

Cross-posted by Forbes.com at WLF contributor site. Sometimes in life, you reap what you sow. In law school, you succeed on your exams, especially in classes like Torts, by identifying as many causes...

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Kentucky’s Use of Contingent-Fee Counsel in Vioxx Suit Questioned in Court

Guest Commentary Frank Cruz-Alvarez & Talia Zucker, Shook, Hardy & Bacon L.L.P.* A federal court in Kentucky recently entertained the issue of a state’s ability to contract with private...

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Update: Federal Judge Refuses to Dismiss “Follow-on” Antitrust Class Action

A February 27 Guest Commentary Legal Pulse post, Healthy Judicial Skepticism in Class Action over “Anti-Poaching” Agreement Among Tech Titans, examined a private antitrust claim which arose from the...

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Will Supreme Court Review Flawed 9th Circuit Securities Class Action Ruling?

Guest Commentary By Amanda McKinzie, a 2012 Judge K.K. Legett Fellow at the Washington Legal Foundation and a student at Texas Tech School of Law. Forcing defendants to settle securities fraud class...

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Environmental Groups Continue Attempts to Thwart Arctic Oil Exploration

Unsurprisingly, a group of environmental activists have brought suit against Shell based on the company’s planned drilling in Arctic waters off of Alaska.  The lawsuit, filed by Greenpeace, the Natural...

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Central District of California Rejects Plaintiffs’“All Natural” Arguments

Guest Commentary By Kate Murphy, a 2012 Judge K.K. Legett Fellow at the Washington Legal Foundation and a student at Texas Tech School of Law. When FDA regulations explicitly permit manufacturers to...

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The Ninth Circuit Rains on Plaintiffs’ Attorneys’ Class Action Pay Day

Guest Commentary By Lauren Murphree, a 2012 Judge K.K. Legett Fellow at the Washington Legal Foundation and a student at Texas Tech School of Law. The Ninth Circuit recently handed down a strongly...

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Plaintiffs in Playstation Data Security Class Action Back to the Drawing Board

Cross-posted at Forbes.com’s WLF contributor site One of the hallmarks of frivolous litigation is a class composed of arguably uninjured plaintiffs who often receive little in the way of remuneration...

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Appeals Court’s Limited Remand Should Not Give Hope to Trespassing Plaintiffs

In October, the U.S. Court of Appeals for the First Circuit vacated and remanded back to the U.S. District Court for the District of Massachusetts a premises liability case that could have a...

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California Supreme Court Case Sets New Standards for Expert Testimony

Guest Commentary by Mary-Christine Sungaila, Snell & Wilmer L.L.P.* Experts testify in almost every civil case that goes to trial.  Indeed, in many types of cases, such as medical malpractice and...

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Do Plaintiffs Have Standing to Bring a Consumer Class Action Including Claims...

Guest Commentary by Natalie Blazer, Weil, Gotshal & Manges LLP* *Cross-posted with permission from Weil’s Product Liability Monitor At the Product Liability Monitor, we have kept our eye on an...

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DOJ/FDA Brief in SCOTUS Generic Drug Preemption Case Hands Plaintiffs New...

Cross-posted at WLF’s Forbes.com contributor page During the last four years, the Food and Drug Administration has been a faithful ally of the plaintiffs’ bar, routinely opposing any suggestion that...

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Will “Sea Change” in Florida Class Action Standards Unleash Flood of Suits?

Featured Regular Expert Column Frank Cruz-Alvarez, Shook, Hardy & Bacon, L.L.P. (co-authored with Talia Zucker, Shook, Hardy & Bacon, L.L.P.) On January 24, 2013, in Soper v. Tire Kingdom,...

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4th Circuit Demands Greater Particularity in False Claims Act Suit Pleading

Guest Commentary by Kirsten V. Mayer and Douglas Hallward-Driemeier, Ropes & Gray LLP Last month, the U.S. Court of Appeals for the Fourth Circuit reaffirmed that False Claims Act relators must...

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Does Federal Circuit’s K-Tech Communications Ruling Further Ease Path to...

Featured Expert Column Beth Z. Shaw, Brake Hughes Bellermann LLP Last week, the Federal Circuit reversed a district court’s judgment dismissing two patent lawsuits. K-Tech Telecommunications, Inc....

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Update: Class Action Settlement in Kellogg Food Labeling Case Preliminarily...

Last summer in the Legal Pulse post The Ninth Circuit Rains on Plaintiffs’ Attorneys’ Class Action Pay Day, Washington Legal Foundation K.K.Legett Fellow Lauren Murphree described the U.S. Court of...

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Patent Litigant Targeting Retailers’ Use of Gift Card Activation Prevails in...

Featured Expert Column Beth Z. Shaw, Brake Hughes Bellermann LLP The U.S. Court of Appeals for the Federal Circuit on May 20 upheld the validity of two claims of a patent for activating gift and...

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Oklahoma High Court Nullifies State Tort Reform Law

Cross-posted at WLF’s Forbes.com contributor page Fifteen years ago, Washington Legal Foundation published a groundbreaking Monograph, “Who Should Make America’s Tort Law: Courts or Legislatures?”...

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Food Court Update: Judge Grants Defendant’s Request, Asks FDA to Define...

In our June 18 post, Courts From Coast To Coast Address “Natural” In Food Labeling Class Actions, we reported on Northern District of California Judge Rogers’ preliminary determination to stay a...

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Update: Seventh Circuit Reverses Trial Court’s Qui Tam Ruling and Attorney...

Last March, we published a post applauding a U.S. District Court for the Southern District of Indiana ruling which dismissed a qui tam relator’s False Claims Act (FCA) suit on the grounds that the...

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