From harmful drugs to malfunctioning cars to environmental pollutants, legal disputes increasingly require the use of expert witnesses to explain what science says about the safety of various products and technologies. With billions of dollars and thousands of lives at stake, the way courts resolve scientific questions is important to everyone. However, courts apply widely … Continue reading “Science in the Courts: Expert Testimony and the Roundup Litigation”
From opioids to firearms, and from lead paint to global warming, reform advocates have increasingly turned to courts to tackle major policy problems. Frustrated by the slow pace of legislative and regulatory change, advocates have seized on the common law doctrine of public nuisance to address widespread public policy issues. Most such lawsuits have … Continue reading “Regulation Through Litigation and the Expansion of Public Nuisance Lawsuits”
The largest online communication, entertainment, shopping, and social media platforms have come under increasing regulatory scrutiny, accused by those on both the political left and right of intruding too much into user privacy, skewing the content viewers see, and wielding too much market power. Facebook recently agreed to a record-breaking $5 billion fine by the … Continue reading “How Big is Too Big? Big Tech, Antitrust, and Privacy”
Data breaches have become commonplace for consumers. The Equifax breach alone affected over 145 million Americans. Some have questioned whether companies have done enough to protect private information, while businesses point to the costs and challenges of instituting new protections. With no uniform federal policy in place, some states have begun searching for solutions. The … Continue reading “The Future of Data Breach Litigation”
Increasing litigation costs have led to the creation of a unique investment vehicle that allows private parties to invest in litigation for a percentage of a potential monetary award. Proponents argue this financing levels the playing field for economically disadvantaged plaintiffs and equalizes access to justice. Opponents counter that the practice gives funders inappropriate influence … Continue reading “Third Party Litigation Funding: Access to Justice or Profiteering?”
Risks of the COVID-19 spread create substantial uncertainty for businesses when deciding whether to open up and conduct business, especially as they try to identify their duties in preventing COVID-19 related injuries to employees and customers. Likewise, individuals are uncertain about what level of care they should expect from businesses. Debate has begun whether laws … Continue reading “A Discussion on Tort Liability for Businesses During COVID-19”
Our panel of three experts, each with deep experience litigating before the US Supreme Court, will provided analysis on some of the most important decisions released by the Court across its past term. The panelists particularly focused on those cases decided by the Court that are most relevant for the future of civil justice, those … Continue reading “US Supreme Court Roundup: Civil Justice and Other Economics-Related Issues from the 2019-2020 Term”
This webinar explored civil justice issues in the the US Supreme Court’s October Term 2020. With the Court starting to hear cases for the upcoming year on October 5, the LEC is convening a balanced panel of experts to preview some of the most interesting and potentially consequential cases for the coming year. In particular, … Continue reading “Civil Justice Issues in the October Term 2020: A Supreme Court Preview”
Courts are struggling with how to make liability decisions based on the regulatory regime that Congress and the Food and Drug Administration have established for allowing medical devices into the market. The largest controversy surrounds devices cleared through the 510(k) process as being substantially equivalent in safety and efficacy to an existing device. Congress and … Continue reading “Medical Devices, FDA Regulations, and Liability: How Are the Courts Assessing and Impacting Technological Developments in Medical Devices?”
Virtual The civil justice system in the United States is in a constant state of flux. Changes occur at both the state and federal levels, through both legislative and judicial actions. At the same time, decisionmakers face a constant barrage of new and innovative legal theories and procedural maneuvers. The LEC’s Fourteenth Annual Judicial Symposium … Continue reading “Civil Justice Fest: A Month of Dialogues On the Most Pressing Civil Justice Issues”
