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Litigation and Alternative Dispute Resolution

Design Defect Claims Against Vaccine Manufacturers Are Preempted by Federal Law

By: Tracey Dolin Waldmann
Schnader Harrison Segal & Lewis LLP, Delaware and Pennsylvania

On February 22, 2011, in Bruesewitz v. Wyeth, Inc., the U.S. Supreme Court held in a 7–2 decision that the National Childhood Vaccine Injury Act of 1986 ("Vaccine Act") preempts all design defect claims brought..


Class Action Reforms – Wooing Classes to the NSW Supreme Court?

By: Anne Freeman
Piper Alderman, Sydney, Australia

The NSW Attorney-General has released a consultation draft Bill to introduce what he calls “a comprehensive representative proceedings regime”. Dispute Resolution Partner, Anne Freeman, examines the draft...

Interlocutory Appeals of Denials of Motions to Dismiss in the Wake of Twombly: A New Option for the Defense?

By: Hon. Timothy K. Lewis & Theresa E. Loscalzo
Schnader Harrison Segal & Lewis LLP, Pennsylvania and Delaware, USA

In a decision more critical for procedure than its end result, the United States Court of Appeals for the Seventh Circuit considered, and ultimately rejected, an interlocutory bid by Verizon Wireless LLC,..

Bankruptcy Judge Approves Procedures to Facilitate Claw Back Litigation Against Madoff Investors

By: Howard R. Elisofon, Steven D. Feldman
Herrick, Feinstein LLP, New York, New York, USA

A recent bankruptcy court decision, which approved procedures governing upcoming claw back litigation, paves the way for the start of long-feared claw back litigation against investor victims of the Madoff fraud. The claw..

The "Red Flags" Rules - A Burgeoning Standard of Care for Financial Institutions

By: Vincent LaMonaca and Jeremy Hekhuis
Schnader Harrison Segal & Lewis LLP, Pennsylvania, USA

Identity theft is a pervasive and ongoing problem. Unmoored from the burglar’s traditional constraints of space and time, identity theft can happen to anyone, anywhere, and at any time...

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