The Supreme Court has granted cert in an important case raising the issue whether a federal court of appeals has jurisdiction under both Article III a
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Hon. Arlin M. Adams- A brief tribute
By Sean Wajert on
Posted in Articles
Upon graduating from law school, I had the great privilege of serving as a law clerk to the Hon. Arlin M. Adams, who sat on the Third Circuit for near…
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Amicus Brief Applies Comcast in Ninth Circuit Appeal
By Sean Wajert on
The U.S. Chamber of Commerce recently weighed in with an amicus brief in an interesting class action appeal in the Ninth Circuit. See Brazil v. Dole P…
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State Supreme Court Reinstates Defense Jury Verdict in Silica Litigation
By Sean Wajert on
Posted in Articles, Toxic Tort
The Mississippi Supreme Court confirmed last week that the jury could have properly determined that plaintiff’s evidence failed to prove in a silica c…
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Expert Engineering Testimony Improperly Admitted
By Sean Wajert on
Posted in Articles, Consumer Products
A case from last week reminds us of the importance of appellate review of expert witness admissibility decisions, and the potential impact of junk sci…
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En Banc Appeals Court Interprets CAFA Mass Action Requirement
By Sean Wajert on
The Ninth Circuit has weighed in on an interesting CAFA issue, holding that personal injury claims relating to prescription pain relief drugs belong i…
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Lone Pine Issue Moving to State Supreme Court
By Sean Wajert on
Readers know we have posted before about the important case management tool known as the “Lone PIne” order. These “Lone Pine” or…
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Ninth Circuit En Banc Decision on Daubert Errors
By Sean Wajert on
Readers may recall we posted about a Ninth Circuit case involving a worker at a paper mill who claimed asbestos exposure from various products used th…
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Voluntary Dismissal Not A Route To Appellate Review of Class Issue
By Sean Wajert on
Posted in Articles, Class Action
Getting an appeals court to focus on class decisions- certification, refusal to certify, and decertification – can be crucial to litigants on both sid…
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D.C. Circuit Applies Comcast Guidance to Class Certification
By Sean Wajert on
Posted in Articles, Class Action
Readers will recall our posts about Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), and the majority’s ruing that Rule 23 requires proof that damage…
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