News & Analysis as of

Discovery Wrongful Death

Husch Blackwell LLP

NYC ‘Subway Surfing’ Case Survives Summary Judgment

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On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies...more

Husch Blackwell LLP

How Georgia SB68 Streamlines Litigation: What You Need to Know

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Georgia Senate Bill 68, signed into law by Governor Brian Kemp on April 21, 2025, introduces significant changes to the state’s civil litigation landscape. Most notable is the implementation of a mandatory 90-day stay of...more

Jones Day

Georgia Enacts Major Tort Reform Legislation

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The new law affects various aspects of civil litigation, including negligent security cases, damages, evidentiary matters, civil practice, and third-party litigation funding....more

Marshall Dennehey

Statute of Limitations Stands: Pennsylvania Superior Court Affirms Dismissal of Breach of Contract Claim Against Insurance Broker

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The Pennsylvania Superior Court recently affirmed the Philadelphia County Court of Common Pleas’ dismissal of breach of contract claims asserted against an insurance broker in Thuong Erin Wasielewski, Individually and as...more

Baker Donelson

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

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In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Snell & Wilmer

Is Your Arbitration Agreement Enforceable?

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Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons.  Because of the strong public...more

Rumberger | Kirk

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

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This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more

Searcy Denney Scarola Barnhart & Shipley

Viagra — Developments in Litigation

There have been some very recent developments in the national litigation regarding the erectile dysfunction (ED) drug Viagra and the allegation that its use increases a patient’s risk of developing melanoma. Judge Seeborg,...more

Tucker Arensberg, P.C.

West Virginia Supreme Court- Medical Power of Attorney Does Not Have Power to Make Binding Legal Decisions for Incapacitated...

In May, the Supreme Court of Appeals of West Virginia issued a decision in the Wanda Williams v. CMO Management, LLC case. Robert Thompson suffered from Alzheimer’s disease and resided at a nursing facility preceding his...more

Cozen O'Connor

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

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As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials...more

Cozen O'Connor

Texas Court’s Writ of Mandamus Relieves Discovery Pressures on Tire Manufacturer

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A court in Harris County, Texas provided relief to Michelin North America Inc. in a case involving allegedly defective tires when it threatened to issue a writ of mandamus in favor of the tire manufacturer. The Texas...more

Searcy Denney Scarola Barnhart & Shipley

Xarelto — National Drug Litigation

November has proven to be a very busy month for Searcy Denney and its Xarelto clients, with the firm filing several new individual lawsuits on behalf of its clients besides participating in the national discovery efforts. ...more

JAMS

Witnesses in Arbitration – California Arbitration Act (Part I)

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Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

Nexsen Pruet, PLLC

Health Care Arbitration Agreements: Five Ways to Improve Enforceability

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Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or...more

Pullman & Comley, LLC

Appellate Court Notes

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- AC35807 - Llera v. Commissioner of Correction [Not summarized.] - AC36240 - Customers Bank v. Tomonto Industries, LLC Plaintiff bank acquired the assets of a defunct bank from the FDIC, including the $3...more

Sands Anderson PC

SCOVA Refuses to Incorporate Prior Discovery Rulings from Previous Non-suited Action

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In Temple v. Mary Washington Hospital, Inc., et al., Record No. 131754 (Sept. 12, 2014), the Supreme Court of Virginia opined on an obscure, yet significant, issue related to the common practice of incorporating discovery by...more

Sands Anderson PC

Selective Way Ins. Co. v. Schulle, Western District of Virginia

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The Western District of Virginia reaffirmed the standard for production of information during discovery, as well as the importance of fair mediation, in its recent decision of Selective Way Insurance Co. v. Schulle. ...more

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