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LJN's Product Liability Law & Strategy

Volume 29 - Number 3 | September 2010

September Issue in PDF Format


The Assault on Traditional Long-Arm Jurisdiction Continues
By Roy Alan Cohen and Justin C. Hallberg
A review of Nicastro v. J. McIntyre Machinery America, Ltd., in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.

Practice Tip: Playing Poker with Experts
By James H. Rotondo
What happens if, after you file that long-anticipated Daubert/Kumho motion, plaintiff’s counsel files a motion to withdraw the original expert and to substitute a new one with superior qualifications and a much stronger theory of liability?

Recent Judicial Decisions on Specific Causation
By Lori B. Leskin
This article highlights three recent court decisions rejecting plaintiff’s efforts at establishing specific causation as a matter of law. These decisions confirm that speculative specific causation evidence is inadmissible.