Uncertainty in Admissibility of Comparative Product Evidence Under CA Law
A recent CA opinion categorically precludes a manufacturer from proving by statistical evidence that its vehicle performs more safely than its peers, concluding that statistical comparative-safety evidence is inadmissible industry custom and practice.
Practice Tip: Flawed CPSC Product Hazard Database
The new CPSC database "may unnecessarily alarm both consumers ... and manufacturers, whose reputations will be tarnished by rumors, unfounded allegations, and outright fabrications."
Food-Related Liability
This article examines recent notable lawsuits involving packaged and restaurant food items.
Features
They Do the Crime ' And It's on Your Dime
Two state laws in New York make the illegality of a tenant's use of rented premises a matter of considerable concern to landlords. While the first law can be expensive to the tune of tens of thousands of dollars, there is no limit on what the other could cost the landlord ...
The Complex World of Municipal Incentives
While incentives should never be the main driver in site selection, they can make a huge difference in the overall costs for a given project.
Features
In the Spotlight: Executing Leases Faster and Cheaper
A landlord should track and resolve open lease issues everyday. This approach is simply the only way for a lease to get signed quickly and minimize costs.Anthony Casareale is Of Counsel in the Real Estate Practice of Greenberg Traurig's White Plains, NY, and Miami offices.
Labeling Leases
The term "triple net lease," rather than depicting transactions predominantly having well-settled common features, now conjures up more of a spectrum of "netness." Here's what this means.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›