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Litigation based on this tort has grown exponentially – and needs to be governed by clear and reasonable standards.

Before the industrial revolution, the tort of public nuisance was easily understood and reasonably applied. Over the past few decades, new technologies and manufacturing processes evolved. The new processes entailed new techniques, substances, waste disposal methods and habits. Public nuisance litigation adapted to deal with these issues and ultimately evolved to encompass the new problems. Plantiffs’ counsel are now using the tort far beyond its traditional limits and expectations – often involving large cities, regions, coastal areas and water supplies.
Continue Reading Civil Justice Playbook: The Growing Need for Public Nuisance Standards

Article by Beth S. Rose / Sills Cummis & Gross PC

Who would have thought that the question of where venue lies in a patent infringement action could generate so much buzz among lawyers? But it has. The U.S. Supreme Court’s May decision in TC Heartland v. Kraft Foods Group Brands held that, under the patent venue statute, a domestic corporation resides only in its state of incorporation.

This was a big deal. The implications for forum shopping could be huge. But don’t count plaintiffs out yet. They still have options. And some of them may create new problems for defendants.

But first, let’s review how we got here.Continue Reading Four Likely Implications from TC Heartland v. Kraft Foods: The Supreme Court’s decision on venue in patent litigation could shake things up

Interview with Steven Maslowski / Akin Gump Strauss Hauer & Feld LLP

Steven Maslowski, an IP litigator at Akin Gump Strauss Hauer & Feld LLP, handles cases on the cutting edge of life sciences. It’s a complicated place to be these days, as the courts are sorting through changes in the law and litigators are waiting for guidance from the Food and Drug Administration. And it’s all playing to the tune of something called “the patent dance.” The interview has been edited for style and length.
Continue Reading Changes in the Law Leave Life Sciences Litigators Dancing as Fast as They Can: Lawyers also await guidance from the FDA