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Features
On May 20 of this year, the members of the American Law Institute (ALI) unanimously approved a project that was five years in the making ' "Principles of Aggregate Litigation." Although it encompasses all of the many forms of aggregated lawsuits, the Principles really focus on the most controversial one: The class action.
Features
This article summarizes the law of inadvertent waiver of privilege and the evolution of courts' approaches to this problem, describes the changes brought about by newly enacted Federal Rule of Evidence 502, and offers a roadmap for the product liability practitioner to keeping privileged documents out of the hands of one's adversary.
Features
A properly pleaded Complaint in a design defect case will permit the plaintiff to try his case on several different theories: negligence, strict liability and breach of warranty. Nevertheless, certain cases would be most efficiently tried only as a breach of warranty.
Features
The two recent Supreme Court decisions in <i>Riegel</i> and <i>Altria Group</i> are difficult to reconcile in fundamental ways, and, consequently, they did little to provide meaningful guidance to litigants and lower courts.
Features
Conclusion of a three-part discussion of CPLR ' 4511, which provides that the Supreme Court and Appellate Courts must take judicial notice, without request, of the common law, constitutions and public statutes of the United States and of every state, territory and jurisdiction of the United States ...
Features
In matrimonial law, it is not uncommon for litigants to consult with a series of attorneys in order to narrow the pool of available counsel able to represent their spouse and "conflict out" particular lawyers. There is also an increasing instance of well-informed clients retaining particular attorneys to cause the disqualification of particular judges. In both instances, the integrity of the legal system demands that all appearances of impropriety be eliminated even at the risk of the client losing his or her preferred choice of counsel.
Features
An easy-to-use index of all the cases contained in this issue.
Features
Automakers Chrysler and General Motors changed the history of dealer relations when they stepped through dozens of state laws and regulations and terminated thousands of long-standing dealers through the power of the Supremacy Clause of the U.S. Constitution and the U.S. Bankruptcy Code. Now that they have emerged from bankruptcy, history remains to be written on the intriguing issues of whether GM will be able to make its new, bold agreement, heavily weighted in GM's favor, stick in the face of state dealer laws.
Features
When financial problems affect the ability of a retail landlord or tenant to perform its lease obligations, both parties can be mutually benefited by working out a solution that keeps the tenant operating and paying rent.
Features
This article highlights some (but certainly not all) of the leasing and loan issues that should be taken into account when negotiating leasing documents and loan documents, respectively.