De Novo Review Blog

How the SCOTUS decision in Merck v. Albrecht impacts plaintiffs

On May 20, 2019, the U.S. Supreme Court held that the judge, not the jury, must decide whether state-law failure-to-warn claims are preempted by federal law on the ground that there is “clear evidence” that the U.S. Food and Drug Administration (FDA) would not have approved the warning that state law requires. Litigation resulting from […]

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How To Recover Fees For Temporary Attorneys

You’ve hired temporary attorneys to assist on a case. Now it’s time to recover fees and you’re left wondering if you can recover what you paid outside counsel from either your client, or the losing party. Good news! It looks like you can do both. An attorney asked our legal services team to research whether […]

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What All Lawyers Should Know About the Prescription Opioid Litigation

The Crisis On average, 130 Americans die every day from opioid overdose. With more than 500,000 opioid-related deaths recorded in the U.S. between 2000 and 2015, the crisis was officially declared a public health emergency by President Trump. Opioids are prescription narcotics with properties similar to those of opium and heroin. While opioids are used […]

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Rescission of a Lease Agreement

Category: Landlord-Tenant Subject: Rescission of a Lease Agreement By: Marty Can a tenant assert that a commercial lease agreement is void and subject to rescission when the tenant later discovers that a zoning ordinance precludes the tenant’s business on the premises but the tenant continues to occupy the premises anyway without payment of rent? No. […]

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Don’t Be So Demanding: The Art of the Demand Letter

Can a demand letter be too demanding? Of course! Too often, demand letters are treated as the first round of litigation, rather than an opportunity to avoid litigation. After all, only a small percentage of legal disputes actually go to trial. If drafted well, a demand letter will open the doors to a satisfactory settlement […]

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