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Blog Posts in May, 2018

  • Anti-SLAPP Statute Combats Conspiracy Claim

    SLAPPs (Strategic Lawsuits Against Public Participation) are often filed with the primary intent to censor, intimidate, or silence a defendant. By burdening the defendant with the costs of litigation, SLAPP suits seek to dissuade a defendant from exercising his or her First Amendment rights. To guard against the chilling effect of SLAPPs, 28 states, the District of Columbia, and Guam have enacted ...
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  • Murphy v. NCAA: A Win for the States

    The Tenth Amendment helps to define the principle of federalism, the relationship between the federal government and the states. It provides that if the U.S. Constitution does not delegate a power to the federal government, or take that power away from the states, then that power is reserved for the states or for the people themselves. The Supreme Court has rarely declared laws unconstitutional ...
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  • Punitive Damages Slashed for Medical Supplies Manufacturer

    Sell at any cost. This seems to be the motto of Kimberly-Clark Corporation and Halyard Health Inc., as they pushed their defective MICROCOOL* Surgical Gowns to the medical community. A quick glance at their website will reveal that the gowns are designed to be fluid, microbial, flame, lint and abrasion resistant, but a Los Angeles jury did not agree. The jury delivered a whopping $454 million ...
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  • Washington Court Holds Individual Insurance Adjusters Can Be Liable for Acting in Bad Faith

    A Washington court of appeals recently held “that an individual employee insurance adjuster can be liable for bad faith and a violation of the CPA,” according to Keodalah et al. v. Allstate Ins. Co., et al. , No. 75731-8-I (Wash. Ct. App. Mar. 26, 2018). The issue needed to be settled as there was a split among federal judges about whether non-insurer entities were exempt from bad faith and CPA ...
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