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Features
Despite the established purpose of a compensatory damage award, there are occasions when a verdict is so excessive it could only have been arrived at in an effort to punish, rather than to compensate. In those instances of a "runaway" jury award, there are two generally recognized forms of relief available to address the excessive verdict: a new trial as to damages only, or remittitur.
Features
<b><i>Part Two of a Two-Part Article</b></i><br>A continuation of the discussion regarding the fact that the Connecticut Supreme Court is currently considering whether the state should abandon its traditional strict product liability standard for design defect claims and replace it with section 2(b) of the Restatement (Third) of Torts, which requires plaintiffs to prove the manufacturer's foreseeability of harm, and prove the effectiveness of a reasonable alternative design in order to recover damages for product-caused injuries.
Features
This article provides an overview of the "reptile method," why it can be successful if not rebutted, and some ideas on how a defendant can present a more fulsome story about its good conduct, actual legal obligations and the facts to the jury.
Columns & Departments
In the case of <i>Caltagirone v. Cephalon</i>, Philadelphia Court of Common Pleas Judge Denis P. Cohen has granted the plaintiff the right to subpoena documents concerning pharmaceuticals manufacturer Cephalon from the U.S. Attorney's Office for the Eastern Dirstrict of Pennsylvania. Here's an analysis of the ruling.
Features
Good Guy Guarantees are designed to ensure that defaulting commercial tenants leave the premises promptly, avoiding loss of rental income to landlords. However, in <i>Bri Jen Realty Corp. v. Altman</i>, the Second Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after tenant surrendered the premises.
Columns & Departments
Discussion of two recent cases.
Columns & Departments
Cases involving an air stripped in a park, and failure to maintain a landmarked building.
Columns & Departments
Several key rulings are discussed.
Columns & Departments
In-depth analysis of the latest important rulings.
Features
A look at a recent case decided in the Supreme Court of Alabama that concerns questions of the personhood of a nonviable fetus for purposes of a wrongful death action.