Litigation

Update on Public Nuisance Lawsuits

Theodore J. Boutrous

In AEP v. Connecticut (2011), the Supreme Court unanimously rejected federal common law nuisance claims...

NY v. HHS and the Challenge of Protecting Conscience Rights in Healthcare

Stephanie Noel Taub

Federalist Society Review, Volume 21

Note from the Editor:  The Federalist Society takes no positions on particular legal and public...

Fitzpatrick v. Frank: Should Conservatives Embrace Class Actions?

Brian T. Fitzpatrick, Theodore "Ted" Frank

Professor Brian Fitzpatrick of Vanderbilt Law School and Ted Frank of the Center for Class...

The Death of Contract and the Rise of Tort [Archive Collection]

Randy E. Barnett, Robert H. Bork, E. Allan Farnsworth, Joseph Grodin, Walter K. Olson

1991 Annual Lawyers Convention

On September 13, 1991, the Federalist Society hosted its annual National Lawyers Convention at the...

The Death of Contract and the Rise of Tort [Archive Collection]

Randy E. Barnett, Robert H. Bork, E. Allan Farnsworth, Joseph Grodin, Walter K. Olson

1991 Annual Lawyers Convention

On September 13, 1991, the Federalist Society hosted its annual National Lawyers Convention at the...

Litigation Update: Rodgers v. Bryant

Anthony Sanders

In Rodgers v. Bryant, the 8th Circuit Court of Appeals upheld a statewide injunction of...

Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation?

Elizabeth Chamblee Burch, Douglas G. Smith

Multidistrict litigation has been the subject of much controversy in recent years.  Defendants lament the...

Courthouse Steps Oral Argument: Holguin-Hernandez v. U.S.

Daniel S. Guarnera

At issue in the case of Holguin-Hernandez v. United States is whether a formal objection...

Trade Secrets Litigation: Do Damages Awarded in Texas Case Have Broader Ramifications?

Ashley Baker, Curt Levey

Intellectual property (IP) theft has taken an increasingly prominent place in the news as various...