Regulatory warning requirements for risky consumer products have typically taken the form of graphic, emotive and oversized health warnings that are designed to change the consumer's behavior through shock tactics and maximization of emotional impact.
Should the termination of, or by, a franchisee entitle the franchisor to recover lost future royalties from the former franchisee?
Any product liability litigator who prosecutes or defends class actions should be familiar with the concept of "cy pres" ' which has been the subject of significant recent attention by the courts and commentators.
Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.
Highlights of the latest insurance cases from around the country.
A number of jurisdictions have adopted one version or another of the reasonable expectations doctrine.
In-depth analysis of recent key cases.
Recent rulings of interest.
Where CGL coverage is not available, some policyholders have attempted to obtain general liability coverage under policies that provide a more limited coverage, namely policies that provide coverage for bodily injury or property damage liability arising out of the ownership, maintenance or use of a particular "designated premises."
In pharmaceutical actions, most false claims qui tam actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.
