Features
Decisions of Interest
Recent rulings of interest to you and your practice.
Features
NJ & CT News
Rulngs in neighboring states that may affect your practice.
Features
Applying Exceptions to the Rules Against Hearsay Evidence in Custody Cases
In Part One of this article, the authors discussed the fact that the rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases. Now they look at the specific exceptions to the rules against hearsay as they relate to child custody litigations.
CA Gay Marriage Ruling
On May 15, when the California Supreme Court ruled that marriage could not be denied to same-sex couples, the door seemingly flew wide open for gay and lesbian couples from any state in the union (and beyond) to go to California and get married. Whether that right would prove elusive for New York residents ' as was the case in Massachusetts, when that state decided to reserve gay marriage rights only for Massachusetts residents ' was an open question.
Features
Case Notes
Punitive, Non-Economic Damages Reduced for Paraplegic Injuries
Features
TX High Court Rules on Federal Pre-emption
In an April 18 decision that could affect other kinds of cases involving a federal regulatory scheme, the Texas Supreme Court held that the U.S. Consumer Product Safety Act ('CPSA') pre-empts a tort claim brought against a cigarette lighter manufacturer.
The Need for New Policy and Business Paradigms
New products frequently give rise to new waves of product liability litigation. With nanotechnology-rooted innovation forecasted to account for upward of $1.5 trillion in global commerce by 2015, the stakes are high.
CA Adopts the Sophisticated User Doctrine
On April 3, 2008, the California Supreme Court, faced with a question of first impression, adopted the Sophisticated User Doctrine as a viable affirmative defense in product liability cases. The issue, as framed by the court, was whether California should adopt the Sophisticated User Doctrine to negate a manufacturer's duty to warn of a product's potential danger when the plaintiff has, or should have, advance knowledge of the product's inherent hazards. The ruling is an undeniable victory for product manufacturers.
<b><i>Practice Tip</b></i> Lone Pine Orders Increase Judicial Efficiency
In recent years, an increasing number of state and federal courts nationwide have issued 'Lone Pine orders' ' case management orders that require plaintiffs in mass tort litigation to substantiate their claims early in the litigation. Jurisdictions are split on whether to permit Lone Pine orders, which typically require plaintiffs to submit evidence, often in the form of expert affidavits or reports, of each plaintiff's exposure to toxic substances, each plaintiff's claim of illness, personal injury or property damage, and a causation link between the exposure and the injury.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- 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 ›