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Travis is a litigator and appellate attorney who represents clients in wide range of complex, high-stakes litigation. His clients often face significant personal injury and wrongful death claims, consumer class actions, state attorney general matters, and general commercial litigation. Travis frequently represents designers, manufacturers, and distributors of products ranging from automobiles to medical devices to outdoor power equipment. He often advises clients in the agriculture, construction, and retail industries.

The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class Action Fairness Act (“CAFA”).  In Leflar v. Target Corp.,[1] the district court held that “all doubts about federal jurisdiction” must be in favor of remand.  While this presumption may apply to “mine-run diversity cases,” the Eighth Circuit reinforced that no anti-removal presumption applies under CAFA.Continue Reading Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA

During a span of less than two months, a group of Arkansas lawyers filed 22 class action suits in Lonoke County, Arkansas, alleging violations of the Magnuson-Moss Warranty Act. Here are five key items to know:
Continue Reading Manufacturers and Retailers Beware: New Warranty Class Actions

Many states have statutes establishing that, as a condition of registering to do business in a state, a foreign corporation consents to general personal jurisdiction in that state.  Since the Supreme Court’s decision in Daimler AG v. Bauman, 571 U.S. 117 (2014) tightening the scope of the general personal jurisdiction doctrine, lower courts have

For far too long, companies facing consumer and product liability litigation have relied solely on personal jurisdiction doctrine to try avoiding unfavorable forums applying unfavorable law. Personal jurisdiction doctrine, though useful, is ultimately a tool that produces inconsistent results.

Instead, companies facing consumer and product liability litigation should turn to another, well-developed body of law that may more consistently establish the procedural boundaries of any potential litigation: the law of contract. Courts have recognized that plaintiffs and defendants can pre-suit contract to terms governing any future tort litigation, including the place of suit, the law that applies, whether arbitration is necessary, and whether class actions are permitted.Continue Reading Using Contracts to Avoid Problematic Jurisdictions and Unfavorable Law