Last summer, after reconsidering a decision it had issued, the Supreme Court of Alabama held fast to its opinion in Wyeth, Inc. v Weeks, 159 So. 3d 649 (Ala. 2014). The Weeks decision had imposed what some call “innovator liability,” holding that a brand-name pharmaceutical manufacturer may be liable for fraud for failing to disclose … Read More
Rare is the day that the U.S. Congress wanders into the thicket of state-based medical malpractice suits, but this spring saw one such example. In a recent Medicare bill, bipartisan majorities of each house approved a bill that would arguably impact future lawsuits against doctors and other health care providers. H.R. 2, the Medicare Access … Read More
Christian & Small Partner Daniel D. Sparks will be participating in a panel discussion – “Yes, but Don’t Forget the Kitchen Sink: Secured Creditors’ Right to Recover Principal + Interest + Default Interest + Original Issue Discount + Late Fees + Prepayment Premiums + Fees + Expenses” – during the 2015 Southeast Bankruptcy Workshop from … Read More
Traditionally, professionals could not be held liable to non-clients absent fraud or an intentional tort. Only a few jurisdictions still apply this traditional rule. Theories of liability vary, but more and more courts are allowing claims by non-clients against professionals. There are three primary theories of liability: 1. Third-Party Beneficiary. A third-party beneficiary analysis allows a … Read More
In a 5-4 decision overshadowed by today’s ruling in King v Burwell, the U.S. Supreme Court has ruled that disparate impact claims are cognizable under the Fair Housing Act (“FHA”). The opinion was authored by Justice Kennedy and joined by Justices Ginsburg, Breyer, Sotomayor and Kagan. Chief Justice Roberts joined Justices Scalia and Thomas in … Read More
Christian & Small is pleased to announce that Partner Sharon D. Stuart was recently elected Secretary/Treasurer of the Alabama Defense Lawyers Association (ADLA). She will also continue in her current role as chair of ADLA’s Amicus Curiae Committee – a position she has held since 2010. ADLA’s mission is to bring together lawyers in Alabama who … Read More
Guest post by Sarah McCrea, Higher Academics Summer School Intern This summer, Higher Academics Summer School (HASS) had the pleasure of working with Christian & Small attorneys Jim Carlson and Keren McElvy to prepare our scholars for their annual mock trial. Our students worked tirelessly alongside their coaches to argue their case in defense of … Read More
Two Christian & Small partners participated in a panel discussion about social media during the recent 2015 Alabama Defense Lawyers Association (ADLA) Annual Meeting at the Sandestin Golf & Beach Resort on June 18-21. The firm’s Robert E. Cooper, along with Chief U.S. Magistrate Judge John E. Ott (Northern District of Alabama) and Tony McClain, … Read More
Christian & Small Managing Partner Deborah Alley Smith recently participated in a panel discussion on non-traditional claims against professionals during the 9th annual Errors & Omissions (E&O) Liability Insurance ExecuSummit Conference on Wednesday, June 17 in Uncasville, Connecticut. She adapted her portion of the presentation, “Claims By Non-Clients Against Professionals – Third Party Beneficiary, Negligence … Read More
