Frivolous Lawsuits, Poor Lawyering, or Lawsuits Which are Not Bad Faith?

I recently appeared on a Public Broadcasting Service show discussing the ongoing insurance crisis in Florida. During the segment, an insurance industry expert attributed insurance companies’ skyrocketing premiums, unresolved claims, and financial troubles to what they termed as ‘frivolous lawsuits’, along with the contingent fees of lawyers and public adjusters. As I listened, it struck me how there’s a glaring lack of accountability from the insurance industry’s side in this situation. The truth often seems obscured, with industry representatives habitually … Read the rest

Supreme Court gives government broad authority to dismiss whistleblower lawsuits

Supreme Court gives government broad authority to dismiss whistleblower lawsuits

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The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

The FCA’s qui tam (an abbreviation for a Latin phrase meaning “who sues on behalf of the King as well as for himself”) provision encourages whistleblowers to file suit on behalf of the government. … Read the rest

Ohio State asks court to toss lawsuits over sexual abuse by former university physician

Ohio State asks court to toss lawsuits over sexual abuse by former university physician

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Over a period of 20 years, the late Dr. Richard Strauss sexually abused at least 177 male students in his role as a physician with the Ohio State University’s athletics department and student health center. This week, we highlight cert petitions that ask the court to consider, among other things, … Read the rest

Strauss estimates a greater impact of the Salmonella incident, partly because of consumer lawsuits

The cost of a recall and plant closure due to Salmonella contamination is to be more than initially predicated, according to Strauss Group.

The company updated the estimated damage to net profit for 2022 due to the recall and shutdown of the plant in Nof Hagalil, Israel to a range of Israeli New Shekel (NIS) 290 to 310 million ($ 84.8 to $ 90.7 million).

In May, estimates showed the confectionery recall and closure of the factory would impact net … Read the rest

Justices probe government’s authority to dismiss False Claims Act lawsuits

Justices probe government’s authority to dismiss False Claims Act lawsuits

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The Supreme Court heard oral argument on Tuesday in the case of Dr. Jesse Polansky, a whistleblower who had filed a claim on behalf of the government under the False Claims Act’s qui tam provision. The Department of Justice had initially allowed Polansky to proceed with the lawsuit against a company he accused of causing millions of dollars in false Medicare bills to the government, but after several years of litigation sought to force dismissal of the case. At … Read the rest

FedEx employees seek to preserve collective-action lawsuits over wages

FedEx employees seek to preserve collective-action lawsuits over wages

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Five years ago, the justices in Bristol-Myers Squibb v. Superior Court of California limited certain personal-injury lawsuits against businesses to residents of a single state. Since that 2017 decision, businesses have convinced state courts to cabin a host of lawsuits brought by out-of-state plaintiffs over out-of-state conduct. This week, we … Read the rest