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Many in-house counsel and outside lawyers have experienced something like the following: After navigating your client’s defense-side civil case through months or years of contentious discovery, the plaintiff survives summary judgment. Nevertheless, you and your client remain confident that the law and the facts are on your side. There’s one big problem, though. Your client faces a jury trial in an unfamiliar jurisdiction, where a jury might be inclined to side with the plaintiff’s David over your client’s Goliath, and as the old adage goes, “The only certainty with a jury is uncertainty.
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Defeating Certification of “No-Injury” Consumer Protection Class Actions
By Steven P. Benenson
In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
Maximizing Future Medical Damages in Paralysis Cases
By Mitch Warnock
When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.
Genetic Labeling: Legal Uncertainty for Pharma Product Liability
By Shannon E. McClure and Whitney Mayer
The FDA’s recent approval of 23andMe’s direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.
By ljnstaff
Discussion of major rulings out of Texas and California.
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