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Trial Consultants' Work Product Protected
Lawyers in high-stakes litigation have long relied on trial consultants, secure in the generally held belief that their discussions over strategies and files would not have to be shared with adversaries. Their faith has now been vindicated by the 3rd U.S. Circuit Court of Appeals, which held last week that work product of a trial consultant is protected by the attorney work-product privilege.Workers' Suits Over Wages on the Rise
Plaintiffs' lawyers have breathed new life into the Fair Labor Standards Act, the Depression-era law designed to ensure that even those with menial jobs are paid a minimum wage. Federal court dockets show a sizable jump in the number of suits claiming violations of the act from 1998 to 2000. Additionally, many plaintiffs litigate similar claims in state courts, where it's often easier to bring class actions.Naked Protest Leads to Full-Frontal Fee Fight at Supreme Court
Toni Anne Wyner has been taking her clothes off in the name of art and free expression at MacArthur Beach in South Florida for more than 20 years.Court Takes on Antitrust Immunity Issue
A case to be argued next week in the Supreme Court claims that purchasers in IPOs paid inflated, prearranged prices that generating billions of dollars in illegal profits.Obama Picks Another Ambassador From Big Law
An environmental lawyer and consultant who is a former partner in the Washington, D.C., office of Patton Boggs has been nominated for ambassador to Costa Rica. Anne Slaughter Andrew is now president of New Energy Nexus, an energy consulting company she founded. Besides working at Patton Boggs, she has been co-chair of the environment and energy practice at Baker & Daniels and of counsel at Bingham McHale.Glasscock Upholds Retired CEO's Compensation Package
The Delaware Court of Chancery has dismissed the majority of derivative claims against Republic Services Inc. and its board of directors for awarding its retired CEO, James E. O'Connor, with a lucrative retirement package in addition to an employment contract, which already included a retirement bonus. However, the court allowed claims that the company's board wasted assets by awarding themselves stock options to survive.Supreme Court Justices Appear Ready to Set Recusal Rules
A majority of the Supreme Court on Tuesday appeared open to adopting a constitutional due process rule that would require an elected state judge to recuse in a case involving the interests of a major campaign donor. During arguments in a closely watched West Virginia case, the justices wrestled with how to craft a standard for deciding when recusal is required, without opening the floodgates to recusal motions or allowing the standard to spill over to affect appointed federal judges -- including themselves.3rd Circuit Overturns $13.5M Verdict, Clarifies Evidence Standard
Overturning a $13.5 million jury verdict, a 3rd Circuit panel has clarified a key Pennsylvania decision on who decides whether a product is "unreasonably dangerous" -- a judge or a jury. The 1978 Azzarello case has been called "one of the most controversial opinions ever issued on the subject of strict products liability." In ruling on a claim by five metal factory workers, the 3rd Circuit panel found that the trial judge misapplied Azzarello, but that it remains good law in Pennsylvania.Trending Stories
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