The often-overlooked offer of judgment rule — Federal Rule of Civil Procedure (FRCP) 68 — may be a valuable tool for defendants if carefully employed. An offer of judgment's primary benefit is its obvious risk-shifting effect. Rule 68 forces plaintiffs, particularly small plaintiffs, to proceed cautiously in the face of mounting costs and uncertainty.
In 2002, the federal district courts began to accept electronic filings. Now, at least one court is making electronic filing mandatory. By May 1, 2004, attorneys practicing in the Western District of Washington must register for electronic service of documents and by June 1, 2004, electronic filing will be mandatory. The Western District of Washington is ahead of the curve, in part, due to its responsibility for the multidistrict litigation ("MDL") regarding phenylpropanolamine ("PPA"), motivating the court to find ways to become more efficient and provide better access to dockets and filings. Other courts are sure to follow, and it is well worth a few minutes of your time to become familiar with the system.
Expert testimony 'can be both powerful and quite misleading' because of a jury's difficulty in evaluating such evidence. — Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 595 (1993). Expert testimony is an integral part of products liability litigation. As the excerpt above articulates, expert testimony is powerful and its importance should not be underestimated or trivialized. Selecting an expert who can simplify the issues for the fact-finder, yet maintain his or her composure under cross-examination, is a difficult and time-consuming process. In short, because your expert's credibility is critical to the success of your case, you need to understand the rules of engagement at the outset.
For U.S.-based franchisors seeking international expansion, Canada is often the first choice for a host of obvious reasons: proximity; common language (almost); similar purchasing patterns; reaction to Canadian-tourist expression of interest; cross-border spill-over advertising; relatively low incremental cost to service a nearby 51st market area with a population roughly the size of California; etc.
Since California introduced the world to franchise sales laws in 1970, it has repeatedly distinguished itself for its sometimes-curious approach to regulating franchise relationships within its borders. Recent events, however, suggest California is moving mainstream.
Highlights of the latest franchising news from around the country.
Highlights of the latest franchising cases from around the country.
The U.S. District Court for the District of Columbia decided that a company based in Madrid, Spain, was subject to personal jurisdiction in the District of Columbia by maintaining a Web site that enabled DC residents to download unlicensed sound recordings. The ruling provides a liberal view for finding both specific and general jurisdiction over Internet defendants.
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are recent court rulings that deal with this and related concerns.
