The case demonstrates why defendants must carefully assess the bases and potential outcomes of removing a case to federal court based on the theory that another defendant was improperly joined.
The brief cautions that without a Supreme Court ruling, “litigants will continue to face uncertainty in how Rule 702 should be applied, admissibility standards that vary by circuit, and the same wayward decisions that necessitated the rule’s amendment.”
Hollingsworth LLP’s cert petition focuses on the Second Circuit’s erroneous application of the effective vindication exception to the Federal Arbitration Act.
The second Trump administration appears to be changing the FDA approval landscape and new opportunities and pitfalls abound for defendants seeking to establish the all-powerful preemption defense.
This annual publication provides a circuit-by-circuit analysis.
In-house counsel at engineering and construction firms need to prepare for this fast-evolving landscape
The case will be highly influential on what it means for a court to scrutinize whether an expert's opinion reflects a reliable application of the principles and methods to the facts of the case.
Early applications of Loper Bright suggest that the rollback of Chevron deference could meaningfully reshape agency authority and corporate liability in environmental cases.
Why we expect a significant responsive uptick in state AG enforcement to fill the vacuum left by DOJ and other federal regulators.
Companies must develop a coherent, consistent, and comprehensive strategy at each stage of a recall, the public announcement, and subsequent litigation.
If deemed beneficial, parties should discuss these opportunities early in the litigation when considering early technology-enabled MDL census and/or plaintiff fact sheet programs, pleading/census/plaintiff fact sheet deficiency analyses, and other AI-enabled management strategies.
Jurors’ skepticism about the truth and accuracy of scientific evidence offered by the parties in litigation is a disturbing trend from 2025 that likely will continue to grow in 2026.
If plaintiffs’ claims are not preempted, then the avenues to avoid preemption of FDA-approved drugs will be expanded well beyond that countenanced by U.S. Supreme Court jurisprudence.
New opportunities exist to better confront the significant data challenges presented by multidistrict litigation for product liability claims now that FRCP 16.1 is in effect and the sophistication of artificial intelligence is continuing to advance.
The new FRCP 16.1 establishes a process by which courts and parties can (and should) engage on key MDL case management issues from the outset of litigation.
