Expert Analysis

• Pa. Supreme Court Can Finally Set Proper Venue Standards

  

  The Pennsylvania Supreme Court has an opportunity in Hangey v. Husqvarna to finally clarify and further define how much business in a forum a product manufacturer must do for the venue to be proper, an issue state trial courts have wrestled with for almost a century, say Alan Klein and Ethan Feldman at Duane Morris.

• 20 Years On, Campbell Holds Lessons On Reining In Ratios

  

  Twenty years ago, the U.S. Supreme Court's decision in State Farm v. Campbell provided critical guidance on the constitutionally permissible ratio of punitive to compensatory damages — and both Campbell and subsequent federal circuit court decisions informed by it offer important pointers for defendants, say attorneys at Dechert.

• Don't Let Client Demands Erode Law Firm Autonomy

  

  As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.

• 2 EU Laws Could Supercharge Product Liability Class Actions

  

  The European Union's Representative Actions Directive, and forthcoming reforms of its Product Liability Directive, represent a fundamental change to the EU product liability landscape — and will likely leave businesses facing a new wave of European class action litigation, say Edward Turtle and Harriet Jones at Cooley.

• Considering The Legal Hurdles Of Seizing State Assets

  

  Though confiscating Russian state assets and using them for the reconstruction of Ukraine is a popular idea, a recent New York federal court case over the seizure of Afghan central bank assets illustrates the risks of violating international norms regarding sovereign immunity, especially if there is a lack of due process, says Angelika Hellweger at Rahman Ravelli.

• Opinion

  Federal Judge's Amici Invitation Is A Good Idea, With Caveats

  

  An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.

• Rebuttal

  Economic Efficiency In Mass Tort Cannot Trump Constitution

  

  A recent Law360 guest article argued that bankruptcy is the preferable venue for resolving mass tort litigation, but economic efficiency cannot and should not supplant the most basic constitutional questions of jurisdiction and due process, say Majed Nachawati and Michael Gorwitz at Nachawati Law Group.

• Overcoming Jurors' Social Desirability Bias In Voir Dire

  

  Potential jurors providing socially desirable but insincere answers during voir dire can ultimately hurt one’s case — but attorneys can identify and reduce the effects of this bias by strategically using questionnaires, paying attention to nonverbal cues, and more, says Steve Wood at Courtroom Sciences.

• How Implicit Bias Instructions May Affect Jury Verdicts

  

  Amid persistent concerns that jury verdicts may be influenced by racial biases, consultants Emily Shaw and Taylor Kidd, and professor Mona Lynch, discuss their new study examining the impact of specialized instructions warning jurors about implicit biases, and highlight several areas ripe for future exploration.

• Fox Ex-Producer Case Is A Lesson In Joint Representation

  

  A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.

• Aviation Watch: Do 737 Max Crash Families Have A Case?

  

  As the families of 737 Max crash victims pursue charges against Boeing in the Fifth Circuit, a review of their claims shows that they are outside the scope of the U.S. Department of Justice's already flawed criminal prosecution of the aircraft manufacturer, says Alan Hoffman, a retired attorney and aviation expert.

• And Now A Word From The Panel: Baseball And MDLs

  

  With the Judicial Panel on Multidistrict Litigation meeting on MLB opening day, Alan Rothman at Sidley explores connections between the national pastime and MDL, including sports-related proceedings in the areas of antitrust, personal injury, and marketing and sales.

• Opinion

  Stanford Law Protest Highlights Rise Of Incivility In Discourse

  

  The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.

• Dispute Prevention Strategies To Halt Strife Before It Starts

  

  With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.

• Tips For Plaintiffs Attorneys Ahead Of Expanded Fire Season

  

  With the expansion of fire season — both in length of time and geography — plaintiffs lawyers can expect fire-related litigation to increase this coming year and need to prepare themselves and their clients for claims that are complex, time-consuming and costly, says Gerald Singleton at Singleton Schreiber.