Vermont Supreme Court Reaffirms Strict Adherence to the Economic Loss Rule – And Takes It Even Further?
Walter E. Judge Jr. 4/21/2015
I have previously reported on the Vermont Supreme Court’s strict adherence to the Economic Loss Rule (ELR), and noted that some observers might find this surprising, since the Vermont Supreme Court is generally regarded as “liberal” and sympathetic to claimants/victims/plaintiffs. Yet the Court has repeatedly denied tort-based recovery to claimants, citing the ELR. The Court’s adoption and adherence to the ELR goes back as far as 1998. view more
Supreme Court Still Divided Over how to Interpret Express Preemption Provisions
Larry Ebner 6/11/2014
Most of the commentary on the Supreme Court’s June 9 decision in CTS Corp. v. Waldburger has focused on the holding that CERCLA does not preempt state statutes of repose which, after a set number of years, extinguish environmental and toxic tort claims—even if the plaintiff-friendly state statute of limitations that § 9658 of CERCLA mandates has not run its course. view more
DRI Online Communities
On May 21, DRI rolled out the new committee online communities. The new communities will enhance DRI’s web presence and will allow committee members to connect with each other and share information more easily. Each community will have a discussion list, which will replace the current list serve, as well as a document library, blog, and calendar. view more
When Should Data Underlying Scientific Studies Be Discoverable?
Bill Ruskin 7/22/2013
There is significant tension between the goals of scientific research and the demands of litigation. For scientific researchers, the amount of time required to respond to discovery takes away valuable time that might be otherwise devoted to research. Injustice and unfairness may result when a scientist, who has taken no part in litigation, is served with a lengthy subpoena requiring him to devote large chunks of time to produce the required information. view more