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Features
Recent rulings of interest to you and your practice.
Some important factors seem to be impeding a rush toward televised trials. A split decision by a New York appellate court, in the criminal case of <i>People v. Wrotten</i>, amply reflects some of the tensions. While <i>Wrotten</i> is a criminal case, the ramifications of the decision extend to civil litigation and potentially product liability cases. This two-part article will examine those ramifications.
On Aug. 17, 2009, in <i>Goyette v GlaxoSmithKline, Inc.</i>, Justice the court ruled in favor of the respondent GlaxoSmithKline Inc (GSK), dismissing a motion for authorization to institute a class action made by the petitioner on behalf of all persons residing in Canada who allegedly experienced dependency and withdrawal problems as a result of using the antidepressant Paxil.
Does the Vaccine Act preempt all design defect claims in state and federal court? Parents convinced that their children's autism has been caused by inoculations, and their attorneys, recently achieved a surprising victory on the issue when the Georgia Supreme Court ruled that a plaintiff's design defect claims are not barred by the Vaccine Act's preemption clause.
Features
The specialty of product liability legal practice is greatly expanding. Modern day product liability litigators are called upon to litigate cases involving subject matter that is far more complex and varied than years past.
A manufacturer cannot assume that just because its product is in compliance with the CPSIA, the product is also in compliance with California's statutes, or vice versa. Ultimately, only a product-specific analysis can determine whether a product that complies with the CPSIA is also compliant with California's AB 1108 and Proposition 65.
Features
This article discusses both the general rule that bonus payments must be included in the "regular rate" calculation for overtime purposes, and the three most common exceptions to this general rule. It also tests your knowledge of these rules.
Features
Continuation of an analysis of <i>Kasten v. Saint-Gobain Performance Plastics Corp.</i>, wherein the Seventh Circuit held that an employee's strictly oral complaints about allegedly improper wage practices did not implicate the FLSA's prohibition of retaliation against those who have "filed any complaint."
Features
The Third Circuit recently delivered a significant clarification on economic damages in employment matters. In <i>Eshelman v. Agere Systems Inc.</i>, the court held that plaintiffs in employment-discrimination suits may recover for the negative tax consequences of receiving a lump-sum award for back pay.
Features
There is considerable information available in cyberspace ' much of it interesting, some of it damning, and some of it false. Obtaining that information feels risk free and virtually untraceable. However, the universe of employment laws applies to much of what happens when virtual sleuthing yields tangible job consequences.
