Recent Judicial Decisions on Specific Causation
This article highlights three recent court decisions rejecting plaintiff's efforts at establishing specific causation as a matter of law. These decisions confirm that speculative specific causation evidence is inadmissible.
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Practice Tip: Playing Poker with Experts
What happens if, after you file that long-anticipated <i>Daubert/Kumho</i> motion, plaintiff's counsel files a motion to withdraw the original expert and to substitute a new one with superior qualifications and a much stronger theory of liability?
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The Assault on Traditional Long-Arm Jurisdiction Continues
A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
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News Briefs
Highlights of the latest franchising news from around the country.
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Court Watch
Highlights of the latest franchising cases from around the country.
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Arbitration: Franchisor's Friend or Foe?
In addressing the issue of whether an arbitration clause made sense for a franchisor client, for years this author waffled on how to advise that client. He is not alone on this problem.
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Second Circuit Finds Drug Reps Not Exempt from Overtime Law
Current and former sales representatives for Novartis Pharmaceuticals Corp. are not exempt from qualifying for overtime under the Fair Labor Standards Act, the Second Circuit ruled July 6.
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CA Supreme Court Clarifies Who Cannot Be Sued by Workers
For 97 years, neither California legislators nor the courts ever clarified who qualified as an employer under the state Industrial Welfare Commission's (IWC) wage orders. That changed on May 20 when the California Supreme Court decided, in part, who does not qualify.
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What Should Human Resources Be Doing to Prepare for Health Care Reform?
In the coming months, you should guide HR in preparing for required changes needed to comply with the Patient Protection and Affordable Care Act (PPACA). Here are some things you should already be putting (or have) in place:
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