The American Society for the Prevention of Cruelty to Animals Litigation Settlement: A Case Study in Litigation Abuse
In a recent development, the ASPCA agreed to pay Feld Entertainment, the owner of the Ringling Bros.-Barnum & Bailey Circuses, a settlement of $9.3 million. This payment resolves claims that the organization engaged in litigation abuse during a decade-long lawsuit. The original suit, filed by the ASPCA, alleged the mistreatment of elephants by the circus. […]
Circumventing CAFA: The Ethical Implications of Damage Stipulations in Class Actions
The Class Action Fairness Act of 2005 (CAFA) was enacted with the primary goal of ensuring that large-scale, nationwide class actions are litigated in federal court. This objective was motivated, in part, by Congressional concern that plaintiffs’ attorneys were exploiting the system through “forum-shopping,” maneuvering cases into state courts perceived as biased or ill-equipped to […]
The Supreme Court’s Consideration of the Defense of Marriage Act (DOMA) Challenge
Judicial Pathway to the High Court Following a series of decisions in lower federal courts that invalidated the provisions defining marriage at the federal level within the Defense of Marriage Act (DOMA) of 1996, it is highly probable that the U.S. Supreme Court will address the constitutionality of this statute this term. The legal journey […]
The California Bar’s Recommendation: Admitting an Undocumented Immigrant to the Practice of Law
The recommendation by the State Bar of California to admit Sergio C. Garcia, a 35-year-old undocumented immigrant from Chico, to the practice of law has generated significant legal and professional debate. This position faces several prominent objections rooted in current legal and ethical frameworks governing the legal profession and immigration. Legal and Ethical Conflicts One […]
The Supreme Court to Examine the Scope of the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum
The Supreme Court is set to review the contemporary breadth of the Alien Tort Statute (ATS) in the case of Kiobel v. Royal Dutch Petroleum, which is scheduled for oral argument on Tuesday. The central issue before the Court is whether to limit the statute’s modern application, which has historically been invoked to establish U.S. […]
From Courtroom Challenge to Crowdfunded Innovation: A Trial Lawyer’s Quest for the Ideal iPad Case
Jamie Daigle, a trial lawyer based in Portland, Oregon, frequently utilizes his iPad in court proceedings. However, like many users, he recognized the challenges associated with using the device for extended periods, particularly its lack of stable, comfortable handling and stand options. This recognition spurred him to develop a superior casing solution almost immediately after […]
Food and Agriculture Law: A Review of Current Issues
The field of food and agriculture law continues to evolve, presenting new legal and policy challenges across various sectors. This roundup highlights recent developments ranging from federal regulatory initiatives and legislative debates to emerging legal disputes and successful environmental management strategies. Federal Regulation and Dietary Policy The Food and Drug Administration (FDA) has begun to […]
Legal Implications of Public Official Blogs on Labor Relations
The intersection of a public official’s personal blog content and their duties on a governing body can lead to significant legal complications, particularly in the context of labor negotiations. A case from Massachusetts illustrates this delicate balance and the potential for legal action arising from online commentary. The Massachusetts Case: Public Commentary Interferes with Negotiations […]
Assessing Proposed Covert Tactics and Ethical Considerations for Law Firms
Introduction The legal profession occasionally encounters situations that raise serious ethical questions regarding the appropriate boundaries of client advocacy and the use of investigatory tactics. A notable instance involved the law and lobbying firm Hunton & Williams (now Hunton Andrews Kurth LLP) and its relationship with subcontractors who proposed using aggressive, covert methods against critics […]
The Food Safety Modernization Act: Examining the Alliance of Big Business and Regulatory Advocacy
The push for S. 510, the food safety bill pending before the Senate (also known as the FDA Food Safety Modernization Act, or FSMA), has featured an unexpected coalition. Certain prominent business groups, such as the Grocery Manufacturers of America, have aligned themselves with consistent advocates for expansive government regulation, including the Consumer Federation of […]