Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
Bar Exam Toolbox Podcast Episode 260: Listen and Learn -- Elements of a Crime
Bar Exam Toolbox Podcast Episode 247: Listen and Learn -- Negligence: Factual Causation
Law School Toolbox Podcast Episode 382: Listen and Learn -- Negligence: Proximate Cause
Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast
Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
Supreme Court of New York, Appellate Division, Fourth Department - In this personal injury action, plaintiff Joseph Skrzynski alleged asbestos exposure from brakes and other related products while working at an automobile...more
The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers...more
In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.)....more
In Matière v ABM, the court found that there was an express obligation of good faith in a number of contracts concerning a joint venture for a subcontracting role in the construction of the HS2 railway. However, it concluded...more
It is never easy to lose a family member, but the loss is much more painful when the death of a loved one could have been prevented if someone had only acted responsibly. When another person’s failure to act responsibly...more
United States District Court for the Eastern District of Virginia, Newport News Division - In the case of Pecos River Talc LLC v. Emory, plaintiff Pecos River Talc LLC (“Pecos River”) – a corporate entity formed as part of...more
In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more
Monsanto has recently settled with families who claimed they were exposed to polychlorinated biphenyls (PCBs) at a school near Seattle, ending what had become one of the most closely watched toxic tort cases in recent memory....more
Federal courts have long recognized fraud in the inducement (also referred to as simply “fraudulent inducement”) (“FITI”) as an actionable theory of recovery under the False Claims Act (“FCA”). However, while loosely rooted...more
Court: Civil District Court for the Parish of Orleans, State of Louisiana - As previously reported HERE in the Asbestos Case Tracker, a Louisiana jury on May 7 returned a plaintiff’s verdict against talc manufacturer Johnson...more
Court: Superior Court of Pennsylvania - In this asbestos appeal, appellant Sandra Pendergrass — the administratrix of the estate of decedent, Vernetta Merie Coe — appealed the Court of Common Pleas of Erie County Civil...more
The Supreme Court’s recent opinion in Thompson v. United States may have significant implications for the False Claims Act (FCA). In Thompson, the Court was tasked with interpreting 18 U.S.C. § 1014, which prohibits...more
Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we summarize the topics from Torts we've covered in our "Listen and Learn" series. Today, we're focusing on negligence and its four...more
On June 3, 2025, Judge Jacqueline S. Corley of the Northern District of California granted in part a motion to dismiss a putative securities class action brought against a medical devices company (the “Company”), its CEO, and...more
A recent Louisiana Supreme Court decision confirmed that clear and express warning labels are a powerful defense for manufacturers against product liability claims under the Louisiana Products Liability Act (LPLA), especially...more
Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more
What is the proper causation standard for an Anti-Kickback Statute violation to trigger liability under the False Claims Act? The First Circuit has answered that question in a much anticipated interlocutory decision in...more
The evidentiary burden on plaintiffs to have a case certified—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and...more
The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more
In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’...more
Picture yourself standing in the middle of a bustling market surrounded by signs and conversations you can’t seem to decipher. If you’ve ever been a foreign country and don’t speak the language, you understand what it’s like...more
A decision by the First Circuit Court of Appeals has deepened the legal debate surrounding False Claims Act (FCA) actions based on violations of the Anti-Kickback Statute (AKS). This decision has increased speculation that...more
The First Circuit, in a closely watched securities case, reversed a $93 million summary judgment ruling for the Securities and Exchange Commission this April. ...more
Welcome back to the Bar Exam Toolbox podcast! Today we're exploring some complex aspects of criminal law that frequently appear on exams -- the felony murder rule and causation in homicide cases. We have included an analysis...more
Walgreens to Pay $300 Million to Settle DOJ Claims Over Invalid Opioid Prescriptions - Walgreens Boots Alliance has agreed to pay more than $300 million to resolve allegations brought by the US Department of Justice (DOJ)...more