Litigation

Despite the long-standing principle in Connecticut that product liability law is premised on strict liability, the state's Supreme Court is now considering whether it should abandon its strict product liability premise for design defect claims, and replace it with section 2(b) of the Restatement (Third) of Torts.

Last month, the authors described some of the challenges unique to representing a professional athlete or his or her spouse or child in family matters. Some of the issues touched upon included pre-nuptial agreements, alimony and child support. The discussion concludes herein.

There is no universal definition of a franchise; a franchise in one state may not be a franchise in another and a relationship that constitutes a franchise under federal law may not meet a state law definition of a franchise, or vice-versa. As a result of this confusing statutory patchwork, the creation of accidental franchises is a common, albeit unwelcome, occurrence.

In Villarreal v. R.J. Reynolds Tobacco Co., the U.S. Court of Appeals for the Eleventh Circuit, on rehearing en banc, reversed its prior holding that job applicants may bring "disparate impact" claims for age discrimination against potential employers, and that the EEOC may toll the statute of limitations in such cases.

Reviews the recent Federal Circuit Eli Lilly case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-Akamai

A look at a case involving eviction for non-payment of fees for services provided by the landlord.

Analysis of two major rulings.

Discussion of a case in which a hospital was ordered to produce records it did not have.