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LJN's Product Liability Law & Strategy

Volume 28 - Number 1 | July 2009

July Issue in PDF Format


Recalls of Foreign-Made Products Lead to Increased Scrutiny at Home
By Kimberly H. Clancy and Brendan P. Sheehey
The increased regulation of safety standards, testing, certifications of compliance, and advertising will likely result in a significant increase in the number of foreign product recalls. This, in turn, will yield increased litigation in the future. Here's why.

Practice Tip: Reducing Product Liability Litigation Costs
By Ronald J. Levine and Jennifer Smith Finnegan
This article poses ten questions in-house corporate counsel should ask themselves when they are preparing to defend a case and are in the process of retaining outside counsel.

NJ Judge Won’t Certify Class Action By Vioxx Users
By Charles Toutant
In March, an Atlantic County, NJ, judge denied a request to certify a class action against Merck & Co. on behalf of consumers for their out-of-pocket expenses for the painkiller Vioxx, which was withdrawn from the market in 2004 after a medical study linked it to heart disease.

Two Federal Courts Reject Medical Monitoring Class Actions
By Gregg Nunziata
Recently, two federal courts rejected certification in three putative "medical monitoring" class actions that were brought against E.I. DuPont de Nemours and Company in West Virginia and New Jersey. These are significant rulings in the still developing field of "medical monitoring," and indicate the limits of class certification based on medical monitoring theories of recovery

Proposed Amendments to Federal Rules Would Limit Expert Witness Disclosures
By Leyla Mujkic, Hesham M. Sharawy and Daniel J. Herling
Rule 26 of the Federal Rules of Civil Procedure incentivizes a party’s attorney to get creative in his efforts to prevent disclosure of his communications with the party’s expert ... The results of the rule have been costly and often lead to the discovery of information that is only marginally relevant to any genuine issue in dispute.

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Recent rulings of interest to you and your practice.