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The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a declaratory judgment action, explaining that declaratory judgment jurisdiction does not “arise merely on the basis that a party learns of the existence of a patent owned by another or even perceives such a patent to pose a risk of…

Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it easier for plaintiffs to hail an out-of-state defendant into Illinois courts for personal injury and wrongful death lawsuits, even if…

Allocation is a fundamental issue impacting every society and transcending virtually every major sector and function within a society. Economists sometimes describe this concept as society’s allocation of its resources between guns and butter. In the world of insurance, the focus is on allocating losses between policyholders and their insurers. In the world of reinsurance,…

In the June edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, black mold is not gold, cane sugar is not a fruit, and a settlement goes gently into that good night. Bon appétit!…By: Alston & Bird

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant to treat software and other nontangible consumer goods as a “product” for purposes of strict liability claims. However, a recent decision from the U.S.…