Counsel News and Events for Attorneys and Executives

Litigation-Business

Jury Hits Hospital With $26M Med-Mal Verdict in Tragic Birth Case

News
Under a “high-low” agreement struck earlier by both sides, the plaintiffs agreed to receive a “high’’ of $7.5 million if they won their suit and a “low’’ of $1.5 million, even if they lost, reports the New York Post.

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Defending Breach-of-Contract Claims in Data-Breach Litigation

Insight
A post on the What’s Fair? blog on the Ellis & Winters LLP website discusses a recent federal appellate decision that shows how data-breach lawsuits premised on overpayment theories – which often assert claims sounding in contract – still face an uphill battle.

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Enforcing Nursing Home Arbitration Agreements Post-Kindred

Enforcing Nursing Home Arbitration Agreements Post-<i>Kindred</i>

Insight
A recent ruling for a state supreme court may be indicative of what litigation over nursing home arbitration agreements will look like after the U.S. Supreme Court’s ruling in Kindred Nursing Centers v. Clark, according to Arbitration Nation.

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Federal Financial Resources Essential to Addressing Opioid Crisis

News
The financial costs of successfully treating opioid addiction are substantial, as are the costs of effective educational programs to stem the epidemic, says Dallas attorney Jeffrey Simon of Simon Greenstone Panatier Bartlett, who represents Texas counties suing drug manufacturers.

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U.S. States Allege Broad Generic Drug Price-Fixing Collusion

U.S. States Allege Broad Generic Drug Price-Fixing Collusion

News
The states said the drugmakers and executives divided customers for their drugs among themselves, according to Reuters.

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Michael Krauss Joins DLA Piper’s Litigation Practice in Minneapolis

News
Krauss, a former assistant U.S. attorney in New York, advises trustees, creditors and lenders on complex financial disputes.

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Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

News
A U.S. District Court recently addressed issues associated with a producing vertical well’s claim for damages related to another company’s subsequent installation of a horizontal well, reports Walter G. Wright for Mitchell, Williams, Selig, Gates & Woodyard.

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A Lesson from the 3rd Circuit on Arbitration Clauses: Say What You Mean

Insight
A recent decision by the United States Court of Appeals for the Third Circuit is a reminder that – for an arbitration clause to apply in certain situations or to certain parties – that intention must be built into the plain terms of the contract.

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Alternative Fee Arrangements With Outside Firms Level Off

News
The inherent unpredictability of many types of dispute could be placing a ceiling on the proportion of matters where both parties feel confident operating under an AFA, according to the 2017 Litigation Trends Annual Survey.

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Winston & Strawn Lawyer Collaborates With Judge to Write Jury Trial Reference

Winston & Strawn Lawyer Collaborates With Judge to Write Jury Trial Reference

News
The University of North Texas Press is releasing a lawyers’ guide to courtroom preparation and strategy titled “On the Jury Trial: Principles and Practices for Effective Advocacy.”

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Dismissal of $472 Million Verdict v. J&J is Disaster for Talc Plaintiffs

News
A ruling that throws out a plaintiff’s $417 million jury verdict against John & Johnson will affect many of the nearly 5,000 women who claim they developed ovarian cancer from J&J power containing talc, reports Reuters.

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Texas Supreme Court Examines $48,000 An Hour Legal Fee in H.L. Hunt Case

News
Attorney Gregory Shamoun claims to have made a 50 percent contingency agreement with Albert Hill Jr. to settle the high-dollar family fight – an agreement that Hill Jr. is challenging, reports the Houston Chronicle.

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The Coal Ash Rule: Regulation, Litigation, and Strategies to Minimize Risk

Event, Dec. 13, 2017
Steptoe & Johnson’s Energy and Environmental, Products & Mass Tort Groups will host a webinar to discuss the implementation of the Coal Ash Rule, the current litigation landscape surrounding coal ash, and strategies for avoiding courtroom and regulatory challenges.

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Hogan Lovells Adds Three Business and Securities Litigators in New York

News
Hogan Lovells has added Michael Hefter, Seth Cohen and Ryan Philp have joined the firm’s New York office as partners in the Litigation practice.

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How Lawyers Protect the Harvey Weinstein in Your Workplace

News
NDAs are geared to ensure that the fraction of people who do come forward can’t warn others or bring claims to light, all of which contributes to the culture of silence around workplace harassment, according to Bloomberg Law.

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Florida Law Firm Fined $9 Million By Federal Court Over Tobacco Litigation

News
Farah & Farah and the Wilner Firm filed 1,250 frivolous tobacco claims against a trust fund for Floridians and survivors who suffered because of smoking, the court found.

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GM to Pay $120M in Multistate Defective Ignition Switch Settlement

GM to Pay $120M in Multistate Defective Ignition Switch Settlement

News
The settlement is tied to violations of consumer protection laws and is on top of GM’s previous penalties and settlements of an estimated $2.5 billion, according to The Detroit Free Press.

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Appeals Court Tosses $72 Million Award in Talcum Powder Case

Appeals Court Tosses $72 Million Award in Talcum Powder Case

News
The appeals court cited a Supreme Court ruling in June that placed limits on where injury lawsuits could be filed, saying state courts cannot hear claims against companies not based in the state where alleged injuries occurred.

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Disney Takes Insurer AIG to Court Over ‘Pink Slime’ Defamation Settlement

News
The Walt Disney Company is going to battle with its insurer, AIG, as it seeks coverage for a massive settlement in the “pink slime” defamation case, Variety is reporting.

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Jury Slaps JPMorgan Chase with $6 Billion-Plus Verdict in Sabre Creator’s Estate

News
A jury has awarded the widow and heirs of Sabre airline reservation system pioneer Max D. Hopper more than $6 billion in damages after finding JPMorgan Chase in breach of its fiduciary duty in administering the multimillion-dollar Hopper estate.

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