Product Liability Appeal Won Due to Analytical Gaps in Plaintiff's Expert Witness Opinion
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…
Company Defeats Alleged Whistleblower Bringing Claim Under Obscure Whistleblowing Law
Companies generally know that certain whistleblowing activities are protected. But this protection is not absolute, and not everything that employees think is whistleblowing actually meets the legal definition necessary for protection. Deciding what is protected activity and what is not can be a…
Distinguishing Between Bullying and Protected First Amendment Speech: Lessons Learned from One School's Constitutional Blunder Over Anonymous Sticky Notes
September 15, 2020
by Devin R. Bates
Schools sometimes find themselves needing to walk a fine but complicated line, whereby they curtail bullying but also balance the right to free speech. One recent case illustrates this point. A high school sophomore anonymously posted a sticky note on a bathroom mirror referencing her school’s…
Arkansas School's Restriction on Student Speech Found "Unreasonable" by Eighth Circuit
September 11, 2020
by Devin R. Bates
An Arkansas school had an unwritten policy of restricting tabling to registered student organizations and school departments. At least generally, there was no problem with this policy. However, as applied to one particular group, the Eighth Circuit recently held that the policy’s distinction…
Does McGirt Cede Oklahoma Waters to Native American Tribes?
On July 9, the U.S. Supreme Court made waves in McGirt v. Oklahoma by overturning a criminal conviction imposed upon a Native American defendant under Oklahoma law. The primary reasons for overturning the conviction were that (i) the defendant had allegedly committed the crime on land Congress had…