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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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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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.