Kristie Rearick

January 31, 2018 | Delaware Business Court Insider

In a recent decision, Judge Andre G. Bouchard of the Delaware Court of Chancery addressed the question of whether a plaintiff who obtains a corporate benefit through litigation may target a particular stockholder to pay a common fund fee award.

By Justin T. Kelton

4 minute read

January 31, 2018 | Daily Business Review

The recent tour boat accident in Mexico involving 10 travelers sailing from Miami on Royal Caribbean is the second such accident within weeks of each other. On Dec. 19, 12 people died after a tour bus to Mayan ruins south of Tulum flipped on a two-way highway.

By Robert L. Parks and Gabriel Garay

6 minute read

January 30, 2018 | The Legal Intelligencer

Apple will soon return to court to continue its legal battle with Samsung over Samsung's infringement of Apple's iPhone design. The latest chapter of this saga concerns the proper methodology for calculating damages that Samsung must pay to Apple for infringing Apple's design patents.

By Brett J. Rosen

8 minute read

January 30, 2018 | Daily Business Review

Passengers of cruise ships injured or killed during shore excursions: Is the cruise ship company liable if something goes wrong during the excursion they promote and sell to the passenger?

By Brett Rivkind

4 minute read

January 30, 2018 | The Legal Intelligencer

In the Legal's Products Liability, Mass Torts & Class Action supplement, read about company-generated documents and emails, navigating choppy waters…

By The Legal Intelligencer

2 minute read

January 30, 2018 | The Legal Intelligencer

Over the last seven years, the U.S. Supreme Court has rapidly and dramatically altered the landscape of personal jurisdiction law. Specifically, the court issued six opinions that overturned a lower court's exercise of personal jurisdiction, reinforced due process limitations on state assertions of jurisdiction, and narrowed the scope of constitutionally permissible general and specific personal jurisdiction.

By Eric Rosenberg

8 minute read

January 30, 2018 | The Legal Intelligencer

After the Pennsylvania Supreme Court issued its decision in Tincher v. Omega Flex, the committee appointed by the court to prepare jury instructions issued “suggested standard products liability instructions” (published by the PBI) in an effort to provide guidance to the bench and bar.

By Larry Coben

15 minute read

January 29, 2018 | The Recorder

The Trump administration's Labor Department announced its intention in December to make tip pooling a legal practice. In essence, the administration stated that it will revoke the Obama administration's rule and allow restaurants to pool tips as they see fit. The change will directly impact employers in California who pay tipped employees the full federal minimum wage.

By Alden Parker and Katherine Sandberg

4 minute read

January 29, 2018 | The Legal Intelligencer

The United States is on the precipice of a massive skilled labor shortage, according to the 2017 Commercial Construction Index. Compiled by USG Corporation and the U.S. Chamber of Commerce, the survey revealed “steady optimism from contractors about revenue forecasts and their backlog of work, yet concerns about the availability, training and cost” of hiring skilled workers in 2018.

By Joshua Lorenz

7 minute read

January 29, 2018 | The Legal Intelligencer

Companies contracting with the federal government should be aware that significant changes are likely under the Trump administration in the manner in which the government solicits and funds contracts and the extent to which the government recognizes knowledge of risks related to the goods or services subject to such contracts. When faced with litigation involving government contracts, companies often employ the Government Contractor's Defense, which shields a contractor that has complied with reasonably precise government specifications from liability provided the contractor has warned the government of risks not otherwise known to the government.

By Carl J. Schaerf and Lee C. Schmeer

9 minute read