The Selective-Waiver Doctrine: Is It Still Alive?
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
Recent rulings of interest to you and your practice.
Punitive Damages and Discovery of a Defendant's Financial Condition
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
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
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
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
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
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
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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