As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. While New Jersey courts are bound by the statute's manufacturer protections, courts located in other jurisdictions have given the law mixed levels of respect.
An overview of two common insurance-related considerations that may assist companies to maximize insurance recoveries in the wake of the next major storm event or other natural disaster.
This article, discusses the ways in which courts have traditionally examined post-employment retaliation claims, and provides insight into how a court (or board) is likely to rule when an employee brings claims under two of the most widely utilized whistleblower protection statutes ' the Sarbanes Oxley Act (SOX) and the False Claims Act (FCA).
Richard Griffin Jr., general counsel of the NLRB, brought a new meaning to the phrase "Big Mac Attack" that could frighten franchisors across the country by threatening to jointly charge McDonald's USA over alleged workplace violations at its franchisees' stores. And his expansion of parent liability could spread beyond fast-food chains to other industries.
On Feb. 26, the U.S. Supreme Court decided Chadbourne & Parke v.Troice, holding that SLUSA does not preclude state law class actions where the plaintiffs allege that they purchased uncovered securities that the defendants said were backed by securities listed on a national exchange ' a misrepresentation.
Planning for trusts has evolved substantially over the years. "Modern" trusts are more comprehensive, flexible and protective than those that were more typically completed only a few short years ago. Understanding the characteristics of modern trust drafting is critical to achieving better protection for clients.
Appellate Court Finds Franchisor is not Employer For FLSA Purposes
Second Circuit Upholds Auto Dealer Termination Without Opportunity To Cure
Discussion of two recent rulings.
Part One of this article considers the issue of when a threat to litigate encased by a settlement demand raises the specter of extortion, and the extent to which a potentially extortionate settlement communication should be outside the scope of the privilege.
Unemployment insurance continues to be front and center in the news. How did everything get so out of control? Here is an overview of how we got here and where we seem to be going.
