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Drug & Device News

ALM Staff & Law Journal Newsletters

Recent developments in this all-important area.

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Med Mal News

ALM Staff & Law Journal Newsletters

The latest news you need to know.

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FTC Guidelines Fallout

Jonathan Bick

The regulations that the Federal Trade Commission recently promulgated on product endorsements could result in injunctions for bloggers and advertisers, who could be ordered to reimburse consumers for financial losses stemming from product reviews that are considered inappropriate under the new guidance.

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Certificate of Merit Laws Under Fire Image

Certificate of Merit Laws Under Fire

ALM Staff & Law Journal Newsletters

In last month's issue we began a discussion of <i>Putman v. Wenatchee Valley Medical Center</i>, in which the Supreme Court of Washington struck down that state's law requiring the filing of a certificate of merit in medical malpractice lawsuits. Part Two herein concludes the discussion.

Features

The Law of Unintended e-Consequences Image

The Law of Unintended e-Consequences

Stanley P. Jaskiewicz

Everyone who has ever worked on a tech project, whether in e-commerce or general business, has probably seen situations in which an assumed solution creates a bigger mess than the original problem. It's called <i>the law of unintended consequences.</i> A recent federal appellate ruling shows how this rule can work in the law.

Features

Current Trends in Long-Arm Jurisdiction Image

Current Trends in Long-Arm Jurisdiction

Paul L. Feinstein

Particularly in these times when many people have had to travel out of state just to become or remain employed, an important but overlooked aspect of matrimonial law practice remains personal jurisdiction.

Features

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The Rights to Pre-Embryos Upon Divorce

Stephanie F. Lehman

While courts have failed to recognize a property interest in a person's body parts or tissue, they have, through recent litigation, attempted to answer the question whether to classify pre-embryos ' a particular configuration of human cells, which are created during a marriage ' as marital property.

Features

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The CPSIA : One (Difficult) Year Later

Jonathan I. Handler, William S. Rogers Jr. & Meredith French

Though its enactment in 2008 was well-intentioned, implementation of the CPSIA has been a logistical nightmare ' largely because this far-reaching law was enacted without providing adequate resources to the CPSC to enforce it or giving sufficient forethought to its implications for the affected businesses.

Features

Practice Tip: The Economic Loss Rule Image

Practice Tip: The Economic Loss Rule

Jason P. Thomas & John L. Tate

A relative youngster in terms of legal doctrines, the Economic Loss Rule has quickly gained widespread acceptance in state and federal courts. First recognized by California in 1965, it has now been endorsed in some form by the U.S. Supreme Court and nearly every state.

Features

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Climate Change and Global Warming

Christopher P. DePhillips & Justin C. Hallberg

This article examines four avenues for addressing the problems of climate change and global warming: international diplomacy, litigation, regulatory agency action, and legislation. Various aspects of these avenues impact product manufacturers and, in turn, product liability litigation.

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