LJN Newsletters

Recent court rulings in e-commerce.

Like many other businesses, the financial sector has embraced e-commerce as a way of expanding. Today, online banking is fairly common. Many financial institutions offer a variety of products and services for commercial and retail customers. And the finance market is mirroring wider use of all things "e" by taking e-business a step farther with the use of instant messaging (IM) to provide faster customer-inquiry responses. But although IM use often allows them to provide better customer service, it also exposes institutions to a variety of potential risks.

Consider using a pretrial motion to seek permission to impeach opposing expert witnesses with prior court opinions excluding their testimony.

Among the challenges facing product manufacturers in the 21st century are recognizing and managing the legal threat posed by multiple, individual product liability lawsuits in multiple jurisdictions.

If you need to research gun control issues, check out The Violence Policy Center (VPC) at www.vpc.org. The VPC, based in Washington, DC, is a national nonprofit educational foundation that conducts research on violence in America and works to develop violence-reduction policies and proposals. The VPC examines the role of firearms in America, conducts research on firearms violence, and explores new ways to decrease firearm-related deaths and injuries. As a gun control think tank, the VPC analyzes a wide range of current firearm issues and provides information to policymakers, journalists, public health professionals, grassroots activists, and members of the general public.

Bankruptcy has emerged as a dominant avenue for resolving mass product liability cases and, in particular, asbestos liability cases. Plaintiffs already have filed hundreds of thousands of asbestos claims, with many experts surmising that the peak of asbestos litigation is not yet in sight. Asbestos encompasses a family of naturally occurring fibrous materials that have superior insulation and tensile strength properties. Manufacturers began to exploit the flame-retardant and insulating properties of asbestos in heavy industrial use in the 1940s and incorporated asbestos into as many as 3000 products by the early 1970s, when industrial usage peaked. From automotive applications, such as gaskets and brakes, to home uses, such as roof shingles and attic insulation, the use of asbestos for commercial applications proliferated throughout most of the 20th century and still continues today at a decreased rate. The United States still consumes approximately 16,000 metric tons of asbestos each year.

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

Employers face many challenges stemming from the fact that the Americans with Disabilities Act (ADA) protects alcoholic employees from discrimination, including, in some instances, requiring an employer to provide reasonable accommodations to the employee. The ADA also protects drug addicts, as long as the employee is no longer actively engaged in the use of illegal drugs.