April 15, 2016

SCOTUS on Tyson Foods: A sea change in class action litigation, or much ado about nothing?

Case: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 2016 WL 1092414 (U.S. Mar. 22, 2016) The U.S. Supreme Court has declined to place further limits on representative evidence admissible in class action cases or to address the issue of whether class action plaintiffs must demonstrate that uninjured class members will not receive…

April 15, 2016

Changes to the Federal Rules of Civil Procedure

Late last year, significant changes to the Federal Rules of Civil Procedure inserted a new consideration for courts when deciding the proper scope of discovery. Gone is the familiar test of “reasonably calculated to lead to the discovery of admissible evidence.” In its place is a requirement of proportionality “to…

March 24, 2016

Investor state dispute settlement and the $50 billion case

On July 18, 2014, an arbitral tribunal sitting in The Hague ordered the Russian Federation to pay shareholders of the defunct oil company Yukos an unprecedented sum of damages — $50 billion, plus $60 million in legal fees and costs. One year later, after Russia had made no move…

February 23, 2016

Attorney Tad Bartlett provides legal perspective to The Louisiana Record

From The Louisiana Record: A white paper by Emory University Law Professor Joanna M. Shepherd examines the costs and consequences of the Louisiana Unfair Trade Practices and Consumer Protection Law (LUTPA), but not everyone agrees with her assessment. The 26-page report published by Shepherd and the American Tort Reform Foundation,…