Features

Highlights of the latest product liability cases from around the country.

Two Pennsylvania law firms have filed class action suits against toy company Mattel Inc. The suits were filed in an effort to compel Mattel, the importer of millions of Chinese-made toys that have been recalled recently due to lead paint and small magnets, to pay for lead testing for children who may have been affected by the toys.

The saga of a Texas product liability law firm can serve as a lesson to other firms in Texas, and perhaps, throughout the nation. In September, an arbitration panel ordered John M. O'Quinn's firm to pay a class of 3,450 former breast implant clients nearly $42 million because the fee contracts did not include language permitting the firm to charge for general expenses.

Because of the devastating impact asbestos litigation has had on U.S. companies, courts and legislatures have finally begun to retake control of asbestos litigation. On June 8, 2007, the Texas Supreme Court issued its opinion in <i>Borg-Warner Corporation v. Flores</i>, marking the latest step in Texas' transition away from easy asbestos verdicts for plaintiffs.

Any trial lawyer re-reading <i>Daubert v. Merrell Dow Pharmaceuticals, Inc.,</i> or reading afresh the Ninth Circuit's application of the <i>Daubert</i> standard on remand from the U.S. Supreme Court may be surprised to learn that a fifth reliability element ' often overlooked ' is frequently applicable and very useful.

This article examines recent developments in spoliation law affecting civil litigation, including various remedial and punitive strategies that some jurisdictions have adopted.

Features

Foreign auto manufacturers often have American subsidiaries that import their products and market them with a warranty from the importer. If such a product injures an American due to a design defect, do you need to sue the manufacturer as well as the importer/seller/warrantor?

Highlights of the latest commercial leasing cases from around the country.