What happens if, after you file that long-anticipated Daubert/Kumho 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?
- August 25, 2010James H. Rotondo
A review of Nicastro v. J. McIntyre Machinery America, Ltd., 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.
August 25, 2010Roy Alan Cohen And Justin C. HallbergHighlights of the latest franchising news from around the country.
August 25, 2010Law.com StaffHighlights of the latest franchising cases from around the country.
August 25, 2010Law.com StaffIn 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.
August 25, 2010Rupert M. BarkoffCurrent 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.
August 22, 2010Mark HamblettFor 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.
August 22, 2010Mike McKeeIn 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:
August 22, 2010Jean C. Kosela And John S. Lord, JR.In a case of first impression, the Tenth Circuit recently considered whether positions filled by temporary contract workers are "vacant" for purposes of reassignment as a reasonable accommodation under the ADA.
August 22, 2010Margaret Parnell Hogan And Stephanie L. Hankin
