November 10, 2016
Recent developments in the battle over hydraulic fracturing
The Marcellus Shale stretches across the Appalachian Mountains, and may hold over 500 trillion cubic feet of natural gas. Gas companies are eager to exploit this resource using the controversial technique, hydraulic fracturing (“fracking”). This valuable and untapped resource has caused a battle in the northeast among gas companies, environmentalists,…
June 27, 2016
Six questions regarding Brexit
Brexit: What now? Citizens of the United Kingdom shocked the world last Thursday when they voted to leave the European Union. Overnight, global markets tanked, London lost its place as the financial gateway to the EU, and international trade treaties were thrown into doubt. Now, legal and financial experts all…
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…