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For the Public

Second Circuit Rejects General Jurisdiction Based on Consent by Registration

Eric Lindenfeld June 3, 2016

Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the

The Art and Science of Building a Lifestyle Budget

Kathleen Newman June 3, 2016

Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to

Medical Malpractice – Another Point of View

Barry E. Lewin May 25, 2016

This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in

Are Non-Compete Covenants Still Good for Utah Business?

Aaron Johnstun May 25, 2016

Utah’s 2016 legislative session recently ended with the passage of HB251. The original HB251 draft sought to change Utah law by making non-compete covenants void. Having represented clients on both sides of the issue, this legislation was not surprising. HB251 also sought to address a perception that restrictive non-compete covenants are being abused by Utah employers. After amendment and significant

The Stowers Doctrine: Settling for Policy Limits

Chad West May 11, 2016

Imagine you are the representative of an insurance company handling a bodily injury claim. The injured plaintiff has $25,000 in medical expenses. Your insured’s policy has a limit of $30,000. The plaintiff makes a settlement demand for the policy limits. Because you know that $30,000 represents the extent of your company’s liability, you decide that you have nothing to lose

Will It Be on My Permanent Record?

Laura A. Peterson May 11, 2016

It is spring and college admission letters are showing up in mailboxes all over the country. This made me think of the one of the most frequent questions I am asked by the parents of juveniles in trouble: “Will this be part of a permanent record?” The answer is always a firm, “Maybe.” Ordinarily, the records and hearings that make

Morning Sickness Drug Zofran Linked to Birth Defects

Kay Van Wey May 11, 2016

Zofran was approved by the FDA in 1981 for treatment of nausea in cancer patients undergoing chemotherapy and post-operative patients. To this day, Zofran has never received FDA approval for use in pregnant women to treat nausea and vomiting of pregnancy (NVP). In 2012, The Center for BirThDefects Research and Prevention published a study that showed women who used Zofran

Class Actions to Protect Small Businesses?

Patrick Perotti May 10, 2016

Class actions can be used as an instrument to protect small businesses from massive corporations and from the government. A group seeking a remedy in a class action doesn’t have to be a collection of consumers. A class can be a group of businesses. In recent years, rather than being an enemy of business, class actions have become protectors of

Miranda: A Historical Perspective

Eric Nemecek May 10, 2016

June 13, 2016 will commemorate the 50th anniversary of the Supreme Court’s decision in Miranda v. Arizona. At its inception, the holding created a new protection for defendants in the criminal justice system. Today, the case is still relevant as it continues to guard the rights of the accused. In 2000, the court acknowledged that the holding “has become embedded

It’s All About That Brand, ’Bout That Brand (No Trouble)

Z. Peter Sawicki and James L. Young April 27, 2016

Effective brands immediately convey impressions to the consumer about that product based on prior experiences with the product, advertising, or word of mouth exchanges (and now, of course, “word of mouth,” ironically – and powerfully – means social media conversations more than actual face-to-face interactions). Accordingly, your client’s brand is the face of that client’s reputation among its consuming public.

For the Public

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