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

How to Stay off the Hook for TCPA Claims
Under the TCPA, a customer can sue for calls to a cell phone using an automatic telephone dialing system or artificial or pre-recorded voice, and seek $500 for each violation.
Joint Infringement Liability After Golden Hour Data Sys. v. emsCharts, Inc.
The Federal Circuit recently revisited the issue of joint infringement in <i>Golden Hour Data Sys. v. emsCharts, Inc.</i> The court's decision in that case illustrates one way in which vicarious liability may not close the loophole for liability avoidance through the use of multiple actors. Further, the decision shows that claim drafting alone does not end the joint infringement problem for patentees.
Court Watch
Highlights of the latest franchising cases from around the country.
Bad Faith Allegations Versus an Insurer's Attorney-Client Privilege
This article addresses conflicting court decisions on the extent to which an insured's allegations of insurer bad faith eviscerate the insurer's attorney-client privilege.
Insurers' Response to Nanotech Suits
The vacuum of information concerning risks posed by nanotechnology and nanomaterials makes risk management planning difficult, if not impossible. This article addresses that gap and explores the insurance implications of the likely "first wave" of lawsuits &mdash; suits arising out of exposure to nanomaterials in the absence of evidence of actual physical injury or harm.
Practice Tip: Medicare Secondary Payer Reporting Requirements Complicate Settlement
This article explores some of the practical impacts of the MMSEA on settlement of product liability cases. It does not address the reimbursement process vis-'-vis judgments or claims involving ongoing or future medical treatment, although some of the same principles and procedures apply.
The Forum Non Conveniens Decision
This two-part article addresses the strategic question of whether defendants sued by foreign plaintiffs for alleged foreign misconduct should pursue <i>forum non conveniens</i> dismissals.
The Products Liability Dilemma for Pharmaceutical and Medical Device CEOs
Failure to comply with government regulations, and inactivity if a company falls out of compliance, can lead to serious product liability issues in the long term. Unfortunately, CEOs often do not consider the potential cost of product liability enforcement when they evaluate whether or not to act.
Drug & Device News
All the latest you need to know.
Avoiding Physician Liability for Off-Label Use of Drugs and Devices
The increased level of enforcement activity by the FDA has focused the attention of consumers and the plaintiffs' bar on the increased frequency with which physicians prescribe FDA-approved drugs and medical devices for unapproved uses. Plaintiffs' attorneys increasingly choose to name prescribing physicians in their products liability suits as co-defendants, pleading both medical malpractice and other associated tort claims against these physicians, and often premising such claims upon the decision to prescribe for a so-called "off-label" or unapproved use. Thus, the continuing expansion of off-label uses of drugs and devices has led to numerous potential legal minefields for the prescribing physicians.

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