The numbers of cases being brought through multidistrict litigation proceedings (or MDLs) has grown dramatically in recent years. Is this capitalizing on efficiencies to further civil justice or clogging up the system? What’s driving plaintiffs to use the MDL process? What objections or concerns do defendants, judges, and legislators have to the growing trends? How … Continue reading “The Growth of MDLs: What’s Driving the Trends and At What Consequence for Civil Justice?”
Tribes are the third sovereign in the United States Constitutional order. As sovereigns, tribes have the inherent authority to promulgate their own laws. However, federal law significantly limits the effectiveness of tribal law. Supreme Court jurisprudence has diminished tribal jurisdiction over non-Indians; plus, tribes are subject to numerous federal laws and regulations that do not … Continue reading “Tribal Law 101: Federal Impediments to Tribal Economic Development”
There are growing concerns about the trends in cases being brought under the False Claims Act (FCA) and related federal and state statutes, including state laws modeled on the FCA. These statutes have the unique ability to be enforced by the government — the U.S. Department of Justice or, in the case of state statutes, … Continue reading “Emerging Issues Under the False Claims Act”
Drones are increasingly being used for all sorts of economic and recreational activities, from bringing you the best images of a halfpipe contestant flying in the air at the Olympics to ensuring the most efficient mapping of agricultural resources to searching hard to reach or see areas like mines, caves, or under bridges to, of … Continue reading “Unmanned Aerial Vehicles and Civil Justice — Can Common Law Adjust to a Drone World?”
The time-tested law that has developed under the United States Bankruptcy Code creates a sophisticated set of rules, structures, and procedures to preserve value in distressed businesses to protect stakeholders and maximize the return to creditors. Recent uses of legal mechanisms to take advantage of Chapter 11 and other provisions of the Code—including corporate restructuring … Continue reading “Bankruptcy and Mass Torts: Examining the Economics, Purposes, and Structure of Bankruptcy Law in Light of Developments in Congress and the Courts”
What is the state of the judiciary in Ukraine and why should we understand it? Our panelists answered these questions and more. U.S. federal and state judges regularly teach, mentor, and act as ambassadors throughout the world. They educate judges in other countries about the Rule of Law, judicial independence, judicial ethics, civil justice, and … Continue reading “The Judiciary, the Rule of Law, & Civil Justice in Ukraine: A Judicial Perspective”
Long lasting chemicals with components that break down very slowly over time, many widely used, fall under the category known as PFAS — per- and polyfluoroalkyl substances. PFAS chemicals have been the subject of controversial tort litigation for several years now, testing the limits of our scientific understanding, the rigors of the scientific method in … Continue reading “PFAS and the Regulatory State: Emerging Liabilities Under CERCLA and RCRA”
This past year, it has been a hotter and more controversial than normal term at the Supreme Court of the United States. In fact, because there are so many controversial cases touching social issues, the significant developments for civil justice that occurred this past term will get lost (if covered at all) in other “Supreme … Continue reading “Civil Justice Review of the Supreme Court’s 2021-2022 Term”
Oklahoma v. Castro-Huerta upended foundational principles of federal Indian law. The case’s holding was limited to a single-issue: States can prosecute non-Indian criminals who victimize Indians on reservations. However, Justice Kavanaugh’s majority opinion went far beyond the issue in the case and made the sweeping claim, “Since the latter half of the 1800s, the Court has consistently and explicitly held … Continue reading “The Future of Tribal Sovereignty: Implications of Oklahoma v. Castro-Huerta”
Bankruptcy law is an area of law that is vital to the economy but is often misunderstood. This Bankruptcy 101 discussion brought together a group of leading scholars to teach the basics of bankruptcy, dispel the myths, clarify the confusion, and answer questions about bankruptcy law. Watch as our experts discuss the current state of … Continue reading “Bankruptcy Law 101: Press Briefing on Proposed Legislative “Reform” Relating to Mass Tort Bankruptcies”
