A recent decision from the Eastern District of Pennsylvania, involving an employee's refusal to comply with the hospital employer's requirement to get the flu vaccine, gives some insight into how these cases may evolve.

This experiment with virtual trials may feel like a temporary solution to what was a temporary problem. But should it be?

Enterprising defendants with quick trigger fingers or sophisticated court tracking software (or their counsel) can continue to interpret the removal statute as its plain language requires, and remove cases to federal court prior to service on a forum defendant.

The type of prejudgment interest involved (and the terms of the policy, if interest is part of the underlying claim) will determine whether the insurer is liable for such interest in excess of the policy limits even in the absence of bad faith.