News & Publications

Lexington, Ky. (February 23, 2021) - On February 5, 2021, the Kentucky Court of Appeals issued an opinion in Allen v. Wheeler, 2021 Ky. App. Unpub. LEXIS 95, 2021 WL 406308, that raised several interesting issues affecting personal injury actions. The heart of the appeal was whether to affirm a jury verdict awarding the plaintiff zero damages, after determining the defendant was at fault for his injuries. In Allen, the plaintiff suffered an infection after a hemorrhoid surgery and blamed [...]

Key Points: On February 9, 2021, the New York Appellate Division, First Department, affirmed the dismissal of a defamation action brought by Eros International plc, an Indian media company, against several short sellers based on a series of investor reports, tweets and public statements questioning the accuracy of Eros's reported financials. In affirming the decision below, the court agreed that the investors' statements were constitutionally protected opinion based on each statement's disclosure of underlying facts [...]

Most other countries do not permit the type of intrusive discovery U.S. companies face. But occasionally discovery in U.S. litigation seeks communications to or from the U.S., or even purely overseas communications -- requiring U.S. courts to assess which country's privilege protection applies. In Mangouras v. Boggs, 980 F.3d 88, 92-93 (2d Cir. 2020), the captain of an oil tanker that sank off the coast of Spain in 2002 had successfully obtained an order from the [...]