Litigation
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Litigation
Recent Developments in the Commercial Division of the New York State Supreme Court (Part II)
Last year, the author reported on the many then-recent changes that had taken place in the Commercial Division of the New York State Supreme Court to ensure the expeditious resolution of business cases. These included (a) an increased monetary threshold for assignment of cases to the Commercial...
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Letting the Genie out of the Bottle: Has Texas reverted to the common law “open and obvious danger” rule?
The risk/utility test has been a fixture of products liability law for decades. The test provides that a product is unreasonably dangerous, that is, defective, if its risks outweigh its utility. To determine whether a product is unreasonably dangerous, a jury balances a product’s risk...
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Sanchez v. Valencia Holding Co., LLC: The California Supreme Court rejects a post-Concepcion unconscionability challenge in a consumer-fraud class action and compels arbitration
California has been a battleground for litigants testing whether and under what circumstances mandatory arbitration provisions and class action waivers will be enforced. A recent decision from the California Supreme Court, Sanchez v. Valencia Holding Co., No. S199119, 2015 WL 4605381 (Cal. Aug. 3...
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