Hepler Broom, LLC

Spokeo Speak: SCOTUS Addresses Injury-in-Fact Standing in Spokeo

May 23, 2016

A Meaningful Class Action Defense Tool? On May 16, 2016 the High Court finally spoke on Spokeo, the long anticipated case involving what injury is necessary to sustain Article III standing in federal court.  Some predicted a blow to consumer protection and privacy related class actions in which neither the class representative nor the class […]

The Eighth Circuit Sends a Bad Message on Unsolicited Faxes

May 11, 2016

Class Certification of TCPA Claims in Sandusky Wellness Center, LLC v. MedTox Scientific, Inc. Alexander Bain, a Scotsman, worked on an experimental fax machine in the 1840’s, synchronizing the movement of two pendulums through a clock to scan messages on a line by line basis. Bain’s work resulted in a patent issued May 27, 1843 […]

New Trade Secret Protection Weapon

May 4, 2016

Unleashing a Trade Secret Misappropriation Federal Private Right of Action President Obama is poised to sign a bill passed unanimously by the Senate and House Judiciary Committee.  What issue of the day could possibly secure such bipartisan support in a tumultuous presidential election year?  One that even Donald Trump and Bernie Sanders could agree upon. […]

Garretson Resolution Group Introduces Product to Streamline Medicare’s Recovery and Reporting Requirements in Malignant Asbestos Injury Cases

March 2, 2016

Garretson Resolution Group (Garretson) conducted a meeting in January, 2015 attended by HeplerBroom, other members of the asbestos defense bar, and counsel for asbestos plaintiffs. At the meeting, it introduced its new Asbestos Malignancy Alternative Resolution Process (which Garretson refers to as the AMP).  Garretson stated that several years ago, it reached an agreement with […]

The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part III

February 11, 2016

Now that the amendments affecting the rules regarding the bringing of a case and case management procedures, as well as those changes to the scope of discovery have been discussed, the final piece of this guide addresses the changes to preservation requirements and the new rule governing sanctions—or remedies—for ESI spoliation. Rule 37(e) has been […]

To Taylor, Love Michael: And Other Remarks on Insurable Interests for Property Insurance

February 5, 2016

“He’s a jacka**,” President Obama explained, responding to a question as to why Kanye West interrupted Taylor Swift’s acceptance speech for Best Female Video at MTV’s 2009 Video Music Awards. “The young lady seems like a perfectly nice person. She’s getting her award. What’s he doing up there?” The President asked. According to Mr. West, […]

Going Native: The Federal Trade Commission Enters the Native Advertising Jungle

January 26, 2016

The Internet, like so many things in life, is not free. The content we consume must be paid for and that usually means viewing advertisements.  But as our software and browsers become increasingly adept at blocking pop-ups and banner ads, advertisers have found themselves going native.  “Native advertising” refers to paid advertisements that are designed […]

The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part II

January 21, 2016

Out with the old, in with the new. It’s time to scrap “reasonably calculated” in favor of “proportionality.” This is because the amended Rule 26 has deleted the directive that “[r]elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” Instead, the […]

The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part I

January 13, 2016

The Amendments are officially upon us. On December 1st, the changes to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55, and 84 of the Federal Rules of Civil Procedure became law. For federal-court litigators, these changes included key amendments that are highlighted in this three-part guide. While some changes are as simple […]

Waiting For More Dough: The Eastern District of Missouri Rules that an Offer of Judgment Does Not Moot a Class Action

November 19, 2015

Panera Bread Company is, quite obviously, in the bread business. But when Mark Boswell and others filed a class action against the company for breach of contract and fraud, the case was about a different kind of dough. Boswell and the other named plaintiffs had served as Joint Venture General Managers for Panera, managing the […]