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The Selective-Waiver Doctrine: Is It Still Alive? Image

The Selective-Waiver Doctrine: Is It Still Alive?

Jonathan S. Feld & Blake Mills

In the past few years, attorneys and commentators had sought to establish the selective-waiver doctrine by proposing changes to the Federal Rules of Evidence. This in-depth analysis explains why.

Features

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Punitive Damages and Discovery of a Defendant's Financial Condition Image

Punitive Damages and Discovery of a Defendant's Financial Condition

Michelle Hart Yeary

Allegations of punitive damages can cast a heavy shadow on any litigation, and defendants in product liabilty cases are no strangers to tremendous punitive awards. That said, it is not difficult to understand why most defendants, at least early on, do not want to think about the potential for ' or size of ' a punitive damages award. Here's why.

Federal Preemption of Failure to Warn Claims Against Generic Drug Companies Image

Federal Preemption of Failure to Warn Claims Against Generic Drug Companies

Alan Klein, Sharon L. Caffrey & Karen Shichman Crawford

Three recent district court decisions ' from Minnesota, California and Florida ' have created a division in the federal courts on whether product liability claims against generic pharmaceutical manufacturers are preempted by federal law. An in-depth discussion.

Features

A Multidistrict Litigation Primer Image

A Multidistrict Litigation Primer

Kimberly H. Clancy

Part One of this article discussed the basics of multidistrict litigation. The conclusion herein describes the Judicial panel on Multidistrict Litigation (JPML).

Practice Tip: Internet Market Promotion of FDA-Regulated Products and Product Liability Image

Practice Tip: Internet Market Promotion of FDA-Regulated Products and Product Liability

Alan Minsk

This article focuses on product liability issues, although companies must also consider FDA and state regulatory laws, False Claims Act, competitor complaints and individual liability issues, before initiating Internet promotional programs.

An Economist Defends Against Punitive Damages Image

An Economist Defends Against Punitive Damages

ALM Staff & Law Journal Newsletters

While punitive ' or exemplary ' damages are rarely imposed in product liability matters, they do sometimes occur. One strategy to minimize the risk of a punitive damages award is to present a robust defense against economic-damages claims: Punitive damages are often measured in relation to the economic harm suffered by plaintiffs.

Features

Discovery Requests for Electronic Documents Image

Discovery Requests for Electronic Documents

Stacy Edelstein Hyken

In recent years, the rise in the use of electronic documents, especially e-mail, has unquestionably changed the face of discovery in all types of types of litigation. As a result, the obligations counsel has in responding to discovery requests for electronic documents have been rapidly evolving. This article discusses what you need to know.

Features

Separation Agreements and General Releases Image

Separation Agreements and General Releases

Anne Ciesla Bancroft

In order to get what they pay for, businesses need to ensure that their separation agreements protect the company's interest to the fullest extent permitted by applicable law.

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