Case Notes
Recent rulings of interest to you and your practice.
Coming Soon to a Theater Near You
On May 20 of this year, the members of the American Law Institute (ALI) unanimously approved a project that was five years in the making ' "Principles of Aggregate Litigation." Although it encompasses all of the many forms of aggregated lawsuits, the Principles really focus on the most controversial one: The class action.
Federal Rule of Evidence 502
This article summarizes the law of inadvertent waiver of privilege and the evolution of courts' approaches to this problem, describes the changes brought about by newly enacted Federal Rule of Evidence 502, and offers a roadmap for the product liability practitioner to keeping privileged documents out of the hands of one's adversary.
Optional Safety Equipment and the Savvy Purchaser
In a recent divided decision, New York's highest court may have changed some contours of product liability law as it affects cases involving optional equipment, knowledgeable purchasers and off-product warnings.
Practice Tip: Trying the Design Defect Case
A properly pleaded Complaint in a design defect case will permit the plaintiff to try his case on several different theories: negligence, strict liability and breach of warranty. Nevertheless, certain cases would be most efficiently tried only as a breach of warranty.
Preemption Paradox
The two recent Supreme Court decisions in <i>Riegel</i> and <i>Altria Group</i> are difficult to reconcile in fundamental ways, and, consequently, they did little to provide meaningful guidance to litigants and lower courts.
Changes in Pricing Legal Services
Compounded by the current recession, demands of clients and competition among law firms are causing fairly dramatic changes in the pricing of legal services, away from straight hourly billing.
Update on Climate Risks and Insurer Responses
The risks posed by global warming have become a priority for both political and business leaders worldwide. Corporate policyholders and their insurers are facing new disclosure obligations and compliance costs as well as potential first-party losses and third-party liabilities resulting from climate change. This article provides an overview of recent developments of particular interest to corporate policyholders.
Who's Your Client?
A federal judge recently concluded in a widely reported option backdating case that the California law firm Irell & Manella had "compromised ' important principles" involving the "fair administration of justice."
The Curious Case Of Bobby Brown v. F.L. Roberts
In fiscal year 2008, the EEOC received 2,880 complaints of religious discrimination, up from 1,786 complaints received in 1998. In response to the substantial increase in religious discrimination claims, in July 2008 the EEOC revised its Compliance Manual and published Questions and Answers and Best Practices.
