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National Law Journal

Vaginal-Mesh Defendant Wants Access to Medical Accounts

American Medical Systems Inc., a maker of vaginal mesh devices that faces more than 13,000 lawsuits, has joined ranks with another vaginal-mesh defendant in fighting to enforce subpoenas against a company that purchases medical accounts receivable.
2 minute read

National Law Journal

Plaintiffs Oppose Dismissal of 58 Nexium Cases

Plaintiffs are opposing the motion made by AstraZeneca Pharmaceuticals L.P. and McKesson Corp. to dismiss 58 cases.
2 minute read

National Law Journal

Dial Presses for Class Certification Hearing

While plaintiffs seeking class certification over the sales practices of a brand of Dial soap want to have the judge decide on papers only, Dial Corp. says that the plaintiffs should want to join its request for an evidentiary hearing “if plaintiffs really could meet their burden of proof on class certification.”
2 minute read

Delaware Business Court Insider

The Interpretation of Contractual Survival Clauses

We wrote recently about two cases interpreting contractual survival clauses under Delaware law. The cases—GRT v. Marathon GTF Technology, C.A. No. 5571-CS (Del. Ch. Jul. 11, 2011), and ENI Holdings v. KBR Group Holdings, C.A. No. 8075-VCG (Del. Ch. Nov. 27, 2013)—held that provisions limiting the period of time in which representations and warranties survive closing act as a statute of limitations on the nonbreaching party's ability to commence litigation for breach.
6 minute read

Litigation Daily

EEOC Botched Bias Case Against Jewelry Giant, Judge Rules

Yet another judge has dismissed employment discrimination claims brought by the Equal Employment Opportunity Commission on the grounds that the agency ignored the unique duties it owes to its litigation targets.
3 minute read

The Legal Intelligencer

Malibu Media LLC v. Doe, PICS Case No. 14-0135 (M.D. Pa. Feb. 11, 2014) Rambo, J. (7 pages).

By | March 11, 2014
Expedited Discovery • Reasonableness Standard • Copyright Infringement
2 minute read

The Legal Intelligencer

It's All Wireless, Inc. v. Woot, PICS Case No. 14-0331 (E.D. Pa. Feb. 12, 2014) Rufe, J. (14 pages).

By | March 11, 2014
Discovery • Motion Practice • Pre-trial Procedure • Sanction of Dismissal
3 minute read

New York Law Journal

Gropper v. David Ellis Real Estate LP

Court Quashes Subpoena to Depose Attorney About Restaurant's ADA Accessibility Defects
1 minute read

National Law Journal

S&P's Retaliation Claim Against Government Gets Hearing

A federal judge in California will hear arguments on Tuesday about whether to grant discovery involving evidence allegedly indicating the U.S. Department of Justice filed its $5 billion lawsuit against Standard & Poor's Financial Services LLC in retaliation for its downgraded credit rating of the United States.
4 minute read

The Recorder

Mark Tanner Construction, Inc. v. Hub International Insurance Services, Inc.

By | March 10, 2014
4 minute read

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