Any trial lawyer re-reading Daubert v. Merrell Dow Pharmaceuticals, Inc., or reading afresh the Ninth Circuit's application of the Daubert 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.
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.
Part One of this series discussed subleasing from the perspective of the Prime Landlord. This second installment addresses the issue from the Sublandlord's perspective.
In the vast majority of commercial leases, provision is made for passing through to the tenants the responsibility for paying all or a portion of the operating costs of the building and the real estate taxes payable with respect to the property. However, what if the building is partially vacant? This article explores how leases deal with vacancies in the context of such 'pass-throughs.'
In commercial lease transactions, a tenant's desire and need to occupy a space and begin transacting business often takes precedence over a landlord's ability to complete all of the bargained-for physical alterations that it has promised. The issue of determining the diminished value of the premises prior to the completion of the landlord's work is customarily resolved through the negotiation of rent abatement provisions that quantify damages where delays in the landlord's construction would lead to a breach of contract.
Highlights of the latest equipment leasing news from around the country.
The creators of Second Life — an online virtual community — faced some real-life problems in a Pennsylvania court recently. In Bragg v. Linden Research, Inc., No. CIV.A06 4925 (E.D.P.A. May 30, 2007), Judge Eduardo C. Robreno, denying a motion to compel arbitration, offers attorneys and their clients some useful guidelines to consider when drafting standard electronic form contracts.
In this month's installment, we focus on some of the special issues facing equipment leasing as a result of the Supreme Court's decision in United States v. Atlantic Research Corporation. We recommend some steps in order to address the increased litigation and liability risks facing owners and lessors of equipment, risks that few have addressed.
