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The Retraining and Notification Act ("WARN" or The Act) creates some uncertainty for employers because it contains two potentially conflicting definitions of the term "mass layoff" ' one that looks to a 30-day period and another that aggregates layoffs over a 90-day period. This article analyzes a recent ruling that addresses the problem.
Part One of this article, which appeared in the June issue of Employment Law Strategist, discussed proof of retaliation claims. The conclusion herein addresses what conduct is protected.
Staking out an exception to the general rule that the requirement to accommodate is normally triggered by a disabled employee's request, the Second U.S. Circuit Court of Appeals said an employer must take action "if the employer knew or reasonably should have known that the employee was disabled." <i>Brady v. Wal-Mart Stores Inc.</i>, 06-5486-cv.
Highlights of the latest product liability cases from around the country.
Features
This article describes some of the Food and Drug Administration Amendments Act of 2007 provisions related to the expansion of information disclosure and discusses the potential effect of the provisions on product liability exposure.
Features
Product liability litigation sometimes arises when children are injured in and around motor vehicles ' whether it involves a moving or non-moving vehicle. When evaluating responsibility, the acts, omissions, and fault of the caregiver, parent, or person responsible for the child must be considered. In defending this type of litigation, evaluating such responsibility is part of the overall analysis of the design and performance of the motor vehicle and whether having different or additional safety technology would have made a difference or resulted in a different outcome.
What duty, if any, do companies have to police the marketplace and protect consumers against dangers arising from counterfeits? These counterfeits, a number of which are manufactured in China, are generally of a much lower quality and are manufactured without appropriate QA/QC mechanisms that many large companies have in place.
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The first installment of this article discussed 'active' reading; understanding the structure of a patent publication; and understanding why certain words were used and others were not. This conclusion addresses how to obtain technical information.
To protect national security, some countries require patent applicants to obtain a foreign filing license prior to filing a patent application abroad. The grant of a foreign filing license provides a governmental stamp of approval that the technology described in the patent application is available for export.
Recent rulings of interest to you and your practice.