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We found 2,772 results for "Product Liability Law & Strategy"...

The Application of Pollution Exclusions to Defective Drywall Claims
March 22, 2011
Considering similar facts and similar policy language, courts in two states have already reached opposing decisions on whether pollution exclusions in homeowners' policies bar coverage for defective drywall claims.
'Tangible Property' Defined in the Computer Age
March 22, 2011
Companies are looking to insure against claims raised by users viewing or otherwise accessing a company's Internet Web sites and advertisements for damage to hardware, data, information, and other computer components.
Uncertainty in Admissibility of Comparative Product Evidence Under CA Law
March 18, 2011
A recent CA opinion categorically precludes a manufacturer from proving by statistical evidence that its vehicle performs more safely than its peers, concluding that statistical comparative-safety evidence is inadmissible industry custom and practice.
Practice Tip: Flawed CPSC Product Hazard Database
March 18, 2011
The new CPSC database "may unnecessarily alarm both consumers ... and manufacturers, whose reputations will be tarnished by rumors, unfounded allegations, and outright fabrications."
Food-Related Liability
March 18, 2011
This article examines recent notable lawsuits involving packaged and restaurant food items.
Drug & Device News
February 28, 2011
All that's new in this all-important area.
Ex-Parte Interviews
February 28, 2011
Continuing last month's discussion of the appellate decisions in two cases concerned with the propriety of <i>ex-parte</i> physician interviews in the context of medical malpractice litigations.
Case Notes
February 27, 2011
A recent ruling of interest.
FDA Enforcement Against Pharmaceutical Companies in the Product Promotion Arena
February 27, 2011
In his "Reason in Common Sense, The Life of Reason (Vol. 1)", George Santayana wrote: "Those who cannot remember the past are condemned to repeat it." We all can benefit from reviewing the lessons learned from past mistakes, whether committed by ourselves or others. The medical device industry would be well-served in heeding Santayana's warning; review of the Food and Drug Administration's enforcement in the pharmaceutical promotion area could offer insight into how it might minimize&#133;
Practice Tip: A Non-Party Spoliates Key Evidence
February 27, 2011
Many product liability litigators have experience in dealing with first-party spoliation or assertions of spoliation, either when their own clients are alleged to have spoliated evidence, or when the opposing party purportedly has done so.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • A Playbook for Disrupting Traditional CRM
    Here's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.
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