Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

March 27th, 2025|Categories: ELP, Podcasts|Tags: , , , , , , , , , |

In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern California’s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffs—including public entities, individuals, and insurers—face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!

Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits

March 18th, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , |

Justin Ward examines the recent federal court injunction against President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest it’s unlikely to slow the growing wave of “reverse discrimination” lawsuits. Since the Supreme Court’s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.

2025 California Wildfires Prompt Wave of Suits

March 11th, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , |

Bret Thurman provides an in-depth look at the surge of legal actions stemming from the catastrophic 2025 California wildfires, which caused widespread destruction across Southern California. He explores the numerous lawsuits filed against major utility companies like Southern California Edison (SCE) and the Los Angeles Department of Water and Power (LADWP), as well as actions against landlords accused of price gouging in the wake of the disaster. Key legal theories include negligence, inverse condemnation, and public nuisance, with plaintiffs arguing that mismanagement, delayed responses, and regulatory failures significantly contributed to the scale of the devastation. These cases could set important legal precedents for disaster liability and corporate accountability in California and beyond.

Fall bellwether trials for social media addiction cases to test novel legal theories

March 3rd, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , |

Are social media platforms the next Big Tobacco? A major lawsuit argues they’re designed to be addictive—will the courts agree? Justin Ward explores the upcoming bellwether trials against major social media platforms like Instagram, TikTok, Snapchat, and YouTube. The consolidated lawsuits, involving over 1,900 claims, argue these platforms are deliberately designed to exploit young users and cause addiction—drawing comparisons to cases against nicotine and opioids. Ward examines the complex legal challenges, including First Amendment issues and Section 230 protections, as courts determine whether these claims of negligence and failure to warn will move forward. The trials could set major precedents for social media regulation and corporate accountability.

22 States Sue New York Over Climate Fund, Calling It an ‘Unconstitutional Shakedown’

March 3rd, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , |

Tim Zyla examines the high-stakes legal battle between New York and a coalition of 22 states, led by West Virginia, over the state’s newly enacted Climate Change Superfund Act. The law requires energy producers to pay $75 billion over 25 years to fund climate damage recovery efforts. The lawsuit, filed in federal court, argues that New York’s law is unconstitutional, overreaches state authority, and unfairly targets out-of-state energy companies. Plaintiffs claim the Act violates multiple constitutional provisions, including the Commerce Clause, Due Process, and Equal Protection Clauses, as well as federal environmental law. Meanwhile, a pro se West Virginia resident has filed a motion to dismiss the case, defending New York’s actions as necessary for public health and climate accountability. Zyla highlights how this case could set a major precedent for state-level climate initiatives and corporate liability for environmental damage.

When Litigation Financing Goes Wrong, Who Pays?

February 27th, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , |

The bankruptcy of Houston's AkinMears LLP highlights the risks of relying too heavily on third-party litigation financing and the broader implications for transparency, regulation, and financial sustainability in mass torts. The firm filed for Chapter 7 bankruptcy citing more than $200 million in debt owed to litigation funding companies Virage SPV 1 and Rocade Capital. According to Bloomberg Law’s U.S. Bankruptcy Tracker, AkinMears LLP was the only U.S. law firm filing for bankruptcy in January 2025 with $50 million or more in liabilities. In total, 12 large law firms declared bankruptcy in January 2025, up from seven in January 2024 but slightly below the 17 cases recorded in January 2023. Read our report by guest contributor Jennifer Holmes.

Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?

February 25th, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , |

Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexico’s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.

Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts

February 21st, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , |

With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals” are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicals”) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.

California’s climate disclosure laws withstand initial US Chamber of Commerce challenge

February 20th, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , |

California’s groundbreaking climate disclosure laws just overcame a major legal challenge—what does this mean for businesses and the future of corporate transparency? Writer Justin Ward will fill you in.

Appellate Lawyers at Trial: Don’t Wait Until Your Ox is in the Ditch with Jeff Doss

February 16th, 2025|Categories: ELP, Podcasts|Tags: , , , , , , , , , , , , , , |

In this episode of the Emerging Litigation Podcast, you will discover how appellate counsel can strengthen trial strategy and improve post-verdict outcomes in high-stakes cases. Our guest, Jeffrey P. Doss, a partner in the White-Collar Criminal Defense & Corporate Investigations practice group at Lightfoot, Franklin & White LLC, explores their critical role in error preservation, evidentiary challenges, and navigating appeals. Don't miss this episode!

Last Days of Patent Eligibility Confusion with Ryan Phelan

December 23rd, 2024|Categories: ELP, Podcasts|Tags: , , , , , , , , , , |

In this episode, we discuss the intricate landscape of patent eligibility in the United States, twin patent law decisions from the Supreme Court, and the proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions with seasoned patent attorney, Ryan N. Phelan of Marshall Gerstein. Listen now!

IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick

December 17th, 2024|Categories: ELP, Podcasts|Tags: , , , , , , , , , , , |

In this episode, we discuss the evolving landscape of NFTs – or non-fungible tokens – which have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. Guest Cameron Pick of Marshall Gerstein draws on his expertise in intellectual property law to provide insights into the changing dynamics of NFTs and the legal issues that accompany them. Tune in now!

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