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Admissibility of Subsequent Remedial Measures: Bad Law Lurking in the 10th Circuit
Although not a part of every product liability case, if the product manufacturer makes “subsequent remedial measures” after the injury-causing event, a motion in limine seeking to exclude this evidence at trial is a must. There is a tremendous risk that the jury will irrationally assume that a product was defective when sold, and that the manufacturer was negligent for supplying such a product, simply because the manufacturer made changes to the product after the accident.
In most federal courts today, Federal Rule of Evidence 407 governs the admissibility of subsequent remedial measures in product liability actions. Although not apparent from the text of this rule, the applicability of FRE 407 to strict product liability actions at one time engendered considerable controversy. Most federal circuits ultimately resolved this controversy in favor of construing FRE 407 so as to exclude subsequent remedial measures when offered to prove a product defect. Most federal circuits also concluded that FRE 407, as opposed to state law, applies in diversity product liability actions. Not all federal circuits aligned on these issues, however, and a split in the circuits developed in the late 1970s and early 1980s, largely because of the 10th Circuit.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.