Features
Hedonic Damages
Despite repeated stakes through the heart of hedonic damages testimony ' studies showing that the theory is unreliable, new evidence showing that the basis for such testimony in injury cases is nonexistent, and numerous successful motions-in-limine barring such testimony ' the economic hedonists are still with us.
The CPSIA : One (Difficult) Year Later
Part One of this article described the background of the CPSIA and some of the developments since its passage. The conclusion herein addresses recent activity relating to products such as electronics, bicycles, and ATVs, the challenges imposed by implementation, and the future of the CPSIA.
Practice Tip: The Medicare Second Payer Statute
On Jan. 1, 2010, extensive new Medicare reporting obligations took effect. They apply to insurance companies and other businesses, including product liability and toxic tort defendants that make payments to Medicare beneficiaries as a result of verdicts or settlements resolving liability claims.
Features
A Daubert Checklist
Courts of appeal historically affirm more than 85% of all trial court <i>Daubert</i> decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.
Can Your Retirement Plan Survive an ADEA Claim?
The Supreme Court has held that, where an employer adopts a pension plan that includes age as a factor, and the employer then treats employees differently based on pension status, an employer will only be liable for disparate treatment under the ADEA if the plaintiff can adduce sufficient evidence to show that the differential treatment was actually motivated by age and not pension status.
Effective Retention of Your Best Talent
New challenges spring from the excess, for the time being, of supply over demand for legal services. Smart firms are using this as an opportunity to reshape their model and to attract and retain lawyers
Managing the Compensable Workday in a New Electronic World
What is work? When does the workday begin and end? These seemingly easy questions are not so easy anymore. Here's why.
Features
COBRA Subsidy Extended; Further Extensions Likely
In the midst of the ongoing health care reform debate, Congress was able to unanimously agree on retroactively extending the Federal 65% COBRA health care premium subsidy for workers involuntarily separated.
When It's Better to Be in Bed with the IRS
Individuals who live above their means generally pay off their marital debt with a portion of the proceeds from the sale of the marital home. But what happens when the client and his or her spouse have been living above their means by failing to file their federal and state income taxes?
Text Messages Providing TMI for Divorce Lawyers
Divorce lawyers have found a new smoking gun to wave around in court: text messages. The unfaithful, in particular, are paying a high price for their salacious messages.
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- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
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- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›