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American Bar Association

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

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.


 

Supreme Court Reaffirms Fraud-on-the-Market Theory of Reliance

By Douglas E. Motzenbecker

Defendants may challenge market efficiency to defeat class certification.


Associate Suspended for Double-Crossing His Firm

By Ian S. Clement

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


 

Website's Hyperlinked Forum Selection Clause Valid

By Oran F. Whiting

Evidence of notice and acceptance of terms of use are crucial to enforcement.


 
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 »

Section Members Share Their Secrets for Success

By Don Bivens

Litigation readers offer practical advice to advance our profession.


 
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.