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Taking Control of a Dispute by Filing a Declaratory Judgment and Setting the Stage for a Successful Appeal
Category: Appellate Law, Coronavirus (COVID-19), Eighth Circuit Appellate , Litigation
For companies involved in an active dispute, filing a declaratory judgment often offers a way to take control of the situation. This strategy comes with significant advantages that not only help pave the way for successful litigation, but also have significant impacts for how an appellate attorney…
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Peer Review Immunity is a Bar to Doctor's Allegations of Defamation
Category: Appellate Law, Eighth Circuit Appellate , Health Care, Litigation
When a doctor is subject to a formal peer review proceeding, those involved must pay close attention to the medical staff bylaw and any hospital policies, procedures, and rules governing the process. These protections require a high degree of confidentiality, to protect the physician subject to…
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Non-Compete Agreement Litigation: Lessons from Recent Eighth Circuit Case
Category: Appellate Law, Eighth Circuit Appellate , Employment, Litigation
Litigation over non-compete agreements can be complex, involving simultaneous lawsuits in different states, timely legal maneuvering, and substantial organizational challenges. The stakes are often high. Litigating in this area involves developing a strategy, and constantly revising that strategy…
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Securities Litigation Results in Win for Broker and Clarifies Law in the Eighth Circuit
Category: Appellate Law, Class Action, Eighth Circuit Appellate , Litigation, Securities
Through an investment bank (acting as broker), clients invested in Reverse Convertible Notes (RCNs). RCNs are a complex “structured financial product” that is sometimes championed as a high-yield, short-term investment promising above-market interest payments but is nonetheless viewed as “perhaps…
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Product Liability Appeal Won Due to Analytical Gaps in Plaintiff's Expert Witness Opinion
Category: Appellate Law, Eighth Circuit Appellate , Litigation, Products Liability
In a negligence and failure-to-warn case brought against a product distributor, the plaintiff was relying on their expert witness as the sole means to prove that the product at issue came from the defendant. However, the plaintiff’s expert witness failed to pass muster under the relevant legal test…
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