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The Sophisticated User Defense in Minnesota: Weighing Knowledge
Claims involving a failure to warn are often centered around what a reasonable manufacturer or supplier should have foreseen was necessary to avoid creating an unreasonable risk of harm. If a supplier is deemed to have a duty to warn, the duty can be fulfilled by calling the hazards of the product directly to the attention of the eventual user; for example, through product labeling. Greene v. A.P. Products, Ltd., 691 N.W.2d 38 (Mich.App., 2004). However, when, as is often the case, a product passes through the hands of multiple intermediaries between the supplier and the eventual user, the situation becomes murkier, and it becomes unclear who should shoulder the burden of the duty to warn. This is where the sophisticated user defense comes in.
Under the sophisticated user defense, a supplier has no duty to warn the ultimate user if it has reason to believe that the user will realize its dangerous condition. Gray v. Badger Mining Corp., 676 N.W.2d 268 (Minn. 2004). Different jurisdictions apply the concept in different ways and knowledge of your courts' take on the issue is important. Still, a closer look at how one jurisdiction handled the issue can serve as a jumping-off point for further discussion of the state of the law in other jurisdictions.
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.