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We found 2,751 results for "Product Liability Law & Strategy"...

Practice Tip: Pleading Medical Device Complaints
The heightened pleading requirements of <i>Bell Atlantic Corp. v. Twombly</i> require that practitioners who plan to file a complaint in a medical device case be even more cautious than usual. Otherwise, they may be subject to a dismissal on the pleadings.
Effective Use of Evidence-Based Medicine to Challenge Causation Testimony
Medical experts testifying about causation in toxic tort, medical device, and pharmaceutical litigation frequently claim to base opinions upon a dispassionate review of the scientific literature, the same analysis they perform in their clinical practices. But peeling back the fa'ade often reveals that they have done nothing of the kind.
Economic Analysis in ERISA Litigation over Fiduciary Duties
Continuation of the in-depth discussion begun last month, with emphasis on Implications of behavioral finance for ERISA litigation.
Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA
Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.
Drug & Device News
News of importance to you and your practice.
FCA and ACA Pose Perils for Med-Mal Defendants
Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).
Equipment Lenders Beware
Equipment lenders often consider an out-of-court foreclosure as a fast and efficient way to recover collateral from a defaulting borrower. The Second Circuit Court of Appeals has thrown a monkey wrench into the attractiveness of the foreclosure option, especially for those equipment lenders who foreclose on collateral with the goal of preserving value by operating the business until a strategic buyer can be located.
Graphic Health Warnings for Alcohol
Regulatory warning requirements for risky consumer products have typically taken the form of graphic, emotive and oversized health warnings that are designed to change the consumer's behavior through shock tactics and maximization of emotional impact.
Practice Tip: The Use of Cy Pres Funds in Class Action Litigation
Any product liability litigator who prosecutes or defends class actions should be familiar with the concept of "cy pres" ' which has been the subject of significant recent attention by the courts and commentators.
Air Bag Warning Claim Preempted
Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.

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