Articles in Channel: Corporate & Commercial Litigation

That May Be A $500 Bow Tie I'm Wearing

Kendall Gray
September 02, 2010 18:16

I will admit it.  My sense of style is not for everyone.  Atypical.  Iconoclastic. Nerdy. Or just bad.  I would accept any of those words as accurate descriptors. But as I sit here in my Brooks Brothers seersucker suit and my Brooks Brothers regimental stripe bow tie, I am...

Mobile Content Providers Settle Unauthorized Billing Class Action

September 02, 2010 17:00

While the FCC has taken an interest in mobile marketing by carriers -- most notably with investigations of carrier early termination fees and proceedings examining wireless consumer "bill shock" -- it also is helpful to remember that the mobile content providers are subject to...

FDCPA Fee-Shifting Applies To Appellate Proceedings, Tenth Circuit Holds

September 02, 2010 16:07

 In Anchondo v. Anderson, Crenshaw & Associates, L.L.C, --- F.3d ---, 2010 WL 3261155 (10th Cir. Aug. 16, 2010), the Tenth Circuit held that, like that of the Truth in Lending Act (TLA), the Fair Debt Collection Practices Act’s (FDCPA) fee-shifting provision encompasses...

More Bad News for James Hardie and Its Asbestos Compensation Fund

September 02, 2010 14:26

Managing legacy liabilities is never easy. For some, it can be a nightmare. Thus, James Hardie and its asbestos compensation fund took yet another hit yesterday through the loss of a tax appeal.  The loss is  described here in mass media in Australia. The mass media is...

Whch Mass Tort Cases Deserve Settlement?

September 02, 2010 10:00

Fordham Law professor Howard Erichson (http://law.fordham.edu/faculty/1095.htm) has posted a new working paper that addresses the thorny issue of settlements in mass tort cases.  Titled Uncertainty and the Advantage of Collective Settlement, (forthcoming, DePaul Law Review) it posits six...

Late-Filed Forms Update: Airband Seeks Review of FCC Denial

September 01, 2010 13:15

Last week, we posted an entry about the tough stance the FCC's Wireline Competition Bureau is taking on late-filed Universal Service Forms submitted by contributors.  One of the parties whose USF appeal was denied, Airband Communications, has filed an application for review of the...

Medical Malpractice in Pennsylvania - Part 2

September 01, 2010 13:00

In this video, Anthony Zabicki, Shareholder in Stark & Stark's Accident & Personal Injury Group, discusses the various issues you need to consider if you or a loved on are every involved in a medical malpractice case. Mr. Zabicki also discusses the necessary components for a successful...

Johnson & Johnson Hip Implant Recall

September 01, 2010 04:42

It’s been over two years since the FDA started getting complaints about the failure of a hip replacement implant manufactured by DePuy Orthopaedics, a division of Johnson & Johnson.  Over 93,000 people worldwide have had hip implant surgery with these devices, and the FDA has had...

Important Medicare Preemption Decision

August 31, 2010 21:24

At long last, the Ninth Circuit Court of Appeals issued its opinion in the Uhm v. Humana, Inc. (.pdf), matter, finding the Medicare Act’s exhaustion requirements and preemption provision barred all of the plaintiffs’ common law claims. (-- F.3d --  (9th Cir. 2010).) Originally, the...

New Jersey Appellate Division Holds that Shareholders of New Jersey Corporations Have a Limited Right to Inspect Board of Directors and Executive Committee Minutes

August 31, 2010 18:50

In the recent decision Cain v. Merck & Co., Inc., the New Jersey Appellate Division held that shareholders of New Jersey corporations are entitled to inspect board of directors and executive committees minutes, in addition to minutes of shareholder meetings. The Appellate Division made clear,...