Episode 322 -- Checking in on Caremark Cases
Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he...more
In a unanimous ruling, the New York Court of Appeals held that the New York State Legislature did not alter the substantive pleading requirements of Section 11(b) of the Court of Claims Act (the “Act”) for claims brought...more
In today’s article, we examine Eva Chen Fine Jewelry, Inc. v. Recovery Racing IX, LLC, 2023 N.Y. Slip Op. 06511 (2d Dept. Dec. 20, 2023) (here), a case involving common law fraud, New York’s lemon law and Section 349 of New...more
Most states have adopted a version of what is typically referred to as the “Malfunction Theory” that permits circumstantial proof of a product defect in a product liability action. The Malfunction Theory largely corresponds...more
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
Seyfarth Synopsis: The U.S. District Court for the Western District of Wisconsin recently cast doubt on employers’ ability to strike the class allegations in a complaint early in litigation. ...more
A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more
In Varjabedian v. Emulex Corp., No. 16-55088, 2018 U.S. App. LEXIS 10000 (9th Cir. Apr. 20, 2018), the United States Court of Appeals for the Ninth Circuit split from the Second, Third, Fifth, Sixth and Eleventh Circuits to...more
Massachusetts Superior Court Rejects “Innovator Liability” Failureto-Warn Claim, Holds Branded Pharmaceutical Manufacturer Owed No Duty to Plaintiff Alleging Injury From Equivalent Generic Drug That Copied Defendant’s...more