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American Bar Association

Litigation News: News, Analysis, and Publications from the ABA Section of Litigation
Top Stories »

Increase in Attorney Fee Awards on the Horizon

By Angela Foster

Losing parties may pay attorney fees in patent infringement cases more often.


No Failure-to-Warn When Drug Label Is FDA Compliant

By Pamela Sakowicz Menaker

Failure-to-warn claim against drug company unsuccessful for post-label change injury.

Factual Misrepresentations Result in Claim Dismissal

By Catherine McLeod

Dismissal is proper sanction when closely fitted to objectionable conduct.


Associate Suspended for Double-Crossing His Firm

By Ian S. Clement

Discipline for unethically threatening to provide and destroy evidence against firm.

Civil Procedure »

Standing Committee Approves Proposed Rules: The Judicial Conference Is Next

By Charles S. Fax

Proposed Rule 37(e) promises to bring rationality and consistency to the developing law of spoliation.

Tips from the Trenches »

Your Opponent Can Discover Your Experts

By Maria E. Rodriguez

Case law supports routine discovery requests for consulting expertsí names.

Alternative Dispute Resolution »

Pre-Award Removal of an Arbitrator

By Sheila J. Carpenter

Recently, two courts have taken that unusual step.


Mass Torts »

Peer Review and Beyond—A Deep Dive into the Data

By Cynthia D. Driscoll, Thomas S. Jones, and Charles H. Moellenberg Jr.

Developing the tools to analyze scientific studies critically is essential.

Young Advocates »

What Kind of E-Discovery?

By James Berriman

You must be able to spot the circumstances in which either an active-file or a forensic approach is needed.

Commercial & Business »

Tips for Young Lawyers at Mediation

By Celeste R. Coco-Ewing and Maria-Vittoria "Giugi" Carminati

Use this checklist to prepare.