Removal of a civil lawsuit from state to federal court is frequently sought by defendants seeking the perceived benefits of litigating in federal court, including more populous jury pools and heightened prospects of success with dispositive motions practice.[1] By contrast, state court jury pools are generally more narrow, and courts tend to afford defendants fewer opportunities for early dismissal.[2] A successful removal requires scrupulous adherence to a variety of rules, including strict time limitations. A ..read more

From the perspective of both buyer and seller, warranties are an important part of any commercial transaction. It is well established that the Uniform Commercial Code (the “UCC”) will imply certain warranties into some contracts unless they are sufficiently disclaimed. Take, for example, the warranty of merchantability. Section 2-314 of the UCC provides that “a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a ..read more

The Class Action Fairness Act (“CAFA”), enacted in 2005, expanded federal jurisdiction over class actions. However, CAFA contains some exceptions, or instances when a federal court may not exercise jurisdiction. One such exception is the “home state exception,” which requires a district court to decline to exercise jurisdiction if two-thirds or more of the members of a proposed class, as well as the “primary defendants,” are citizens of the state in which the action is ..read more

Considerations for Employers as OSHA Penalties Soar to New Heights The U.S. Department of Labor recently announced inflation-adjustment increases in penalties for violating regulations promulgated by DOL agencies, including the Occupational Safety and Health Administration (OSHA).[1]  Now more than ever, employers should consider when and why it makes sense to challenge any OSHA citation, regardless of how serious the classification. The economic realities demand employer attention to this issue. New OSHA Penalty Amounts ..read more

THE FOLLOWING ARTICLE WAS WRITTEN BY MITCHELL K. MORRIS AND WAS PUBLISHED IN LAW360 ON JANUARY 18, 2022. CLICK HERE TO VIEW THE ARTICLE ON LAW360’S EXPERT ANALYSIS SECTION. The ongoing pandemic seems to have done little to slow the continued proliferation of novel theories of tort liability in 2021. Headline-grabbing developments include: A federal jury’s verdict finding pharmacies liable for creating a public nuisance by filling opioid prescriptions ..read more

Motor Vehicles In 2020, Massachusetts voters considered “Question 1” in their state election which sought to amend a 2012 Right to Repair law requiring automakers to expand access to mechanical and electronic repair data. Beginning with model year 2022, the law requires manufacturers of motor vehicles sold in Massachusetts to equip vehicles that use telematics systems with a standardized open access data platform.[1] The law provides motor vehicle owners with such systems access ..read more

Activists have standing to challenge a state law that prohibits unauthorized access to businesses for the purpose of sending undercover informants to apply for jobs, the United States Court of Appeals for the Eighth Circuit recently ruled. In Animal Legal Defense Fund v. Vaught, 8 F. 4th 714 (8th Cir. 2021), several animal rights groups developed plans to pose as legitimate job applicants at a hog farm and poultry plant in Arkansas with the intention ..read more

We previously covered the emergence of the so-called “Right to Repair” legislative movement, which seeks to allow consumers the right to modify and repair their own electronic devices, rather than relying on the manufacturer to make or authorize repairs with proprietary products.  The movement has gained the support of several lawmakers in the United States, but is widely opposed by many products manufacturers.  Since our prior piece, there have been several notable developments regarding ..read more

Recently, we have written about the “entrepreneurial model” of lawyer-driven class actions and how a case’s entrepreneurial features can give rise to various defenses, including lack of standing.  As we’ve explained, where there is evidence that the “injury” underlying a class action (or any action, for that matter) was effectively “manufactured” by counsel, courts should consider it as part of the threshold standing analysis  Under such circumstances, the claimant has not suffered ..read more

This article was originally published in Vol. 18, Issue 1 of DRI’s Strictly Speaking on July 6, 2021. Access the original publication here. On March 25, 2021, the United States Supreme Court issued its opinion in Ford Motor Company v. Montana Eighth Judicial District Court,[1] attempting to further elucidate what forum contacts would be sufficient to subject a defendant to specific personal jurisdiction. Whether the Court was successful is certainly up for debate ..read more