Features
Practice Tip: A Synopsis of Trademark Licensor Liability
A case in strict products liability is available in all states against the manufacturer of a defective product. A "manufacturer" is often defined as one who designs, produces, sells or otherwise distributes the product. Suppose, however, a company's logo is on a product that has been manufactured by someone else. Is the non-manufacturer responsible to a plaintiff and if so, under what theory? The answer depends upon the state in which you sue. Some jurisdictions hold a non-manufacturer liable as an "apparent manufacturer" if it has merely licensed its trademark. Other states require that the licensor have a "significant role" in the chain of distribution, and some states are hybrid, <i>eg</i>, they permit liability against trademark licensors but require more than just licensing the trademark. The following examples illustrate the way some states analyze this liability.
Former Government Employees as Opposing Expert Witnesses
It is increasingly common in product liability cases for a plaintiff to disclose as an expert a former employee of a government agency such as the Consumer Product Safety Commission ("CPSC") or the Food and Drug Administration ("FDA"). These witnesses frequently advertise themselves as experts in "product/drug safety" and refer to their regulatory background as their primary qualification. Frequently, however, these witnesses' responsibilities as government employees had little, if anything, to do with the subjects about which they are now testifying. Nevertheless, these witnesses are dangerous if allowed to testify to a jury, because they lend the credibility of the U.S. government to the plaintiff's case.
Features
Ex-Officer Accused of Juror Tampering in Employee's Lawsuit
A former modeling agency executive has been arrested on charges that she tampered with a jury in an unusual civil suit over cigarette smoke in the workplace.
Features
ADA Retaliation Claims
The United States Supreme Court has declined to review a Seventh Circuit Court of Appeals ruling that bars plaintiffs alleging retaliation claims under the Americans with Disabilities Act (ADA) from seeking compensatory and punitive damages. <i>Kramer v. Banc of Am. Securities LLC</i>, U.S., No. 03-1451, cert. denied 6/21/04. Earlier this year, the Seventh Circuit was the first federal appellate court to conclude that the ADA does not provide plaintiffs the right to seek such damages in retaliation cases. <i>Kramer v. Banc of Am. Securities LLC</i>, 355 F.3d 961 (N.D. Ill. 2004).
National Litigation Hotline
National rulings of interest to you and your practice.
Constructive Discharges Resulting from Sexual Harassment
In one of its most important employment decisions on the subject of sexual harassment since its landmark decisions in <i>Burlington Industries, Inc. v. Ellerth</i> (524 U.S. 742, 141 L. Ed. 2d 633, 118 S. Ct. 2257 (1998)) and <i>Faragher v. Boca Raton</i> (524 U.S. 775, 808, 141 L. Ed. 2d 662, 118 S. Ct. 2275 (1998)), the Supreme Court, in <i>Pennsylvania State Police vs. Suders</i> (124 S. Ct. 2342, 159 L. Ed. 2d 204, 2004 U.S. LEXIS 4176 (2004)), addressed the issue of a constructive discharge resulting from sexual harassment.
Features
To (b)(2) or Not to (b)(2)?
Is there a person alive who does not know that Wal-Mart Stores Inc. has been sued in a gigantic class action? On June 21, U.S. District Judge Martin J. Jenkins of the Northern District of California certified the largest employment discrimination class action in American history. <i>See Dukes v. Wal-mart Inc.</i>, No. C 01-02252 (N.D. Calif. 2004), 2004 U.S. Lexis 11365.
Features
Recent Developments from Around the States
Rulings of interest to you and your practice, nationwide.
Features
Insurance Coverage for Silica Claims
While continuing to fight the decades-old battle with asbestos, corporate policyholders increasingly are confronting another substance that plaintiffs allege can cause serious injury if inhaled: silica — a common mineral found in sand, granite and concrete, among other materials.
Case Briefs
Highlights of the latest insurance cases from around the country.
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
- 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 ›
- 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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›