In Smith v. Testerman, No. E2014-00956-COA-R9-CV (Tenn. Ct. App. March 10, 2015), the Court of Appeals recently took up the issue of whether a case sounds in ordinary negligence or health care liability.
Almost every day we are bombarded with reports of scientific studies purportedly proving that exposure to, or consumption of, some substance will cause us harm.
After reading the Supreme Court’s opinion in Oxford Health Plans, LLC v. Sutter, 133 S. Ct. 2064 (2013), some might have concluded that the Court was ready to resolve who determines the availability of class arbitration court or arbitrator — in the right case.
Two recent deaths allegedly resulting from the use of powdered caffeine has led to litigation and a public alert from the FDA, warning consumers of the dangers of the substance.
In a previous post, we discussed plaintiffs’ attempt in the class action lawsuit Mark v. Gawker Media LLC (S.D.N.Y.) to notify potential members of the class via social media.