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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.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.