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I'LL FOLLOW YOU ANYWHERE
When You Learn How To Lead Me There Gerry Riskin, who is undoubtedly one of the anointed few among clear thinkers, recently sent out a small video (www.gerryriskin.com/law-firm-leadership-law-firm-leaders-heres-3-minutes-53-seconds-from-tom-peters.html) of Tom Peters on the subject of leadership. It was an important piece, and certainly worth the few moments it takes to view it. …
I'LL FOLLOW YOU ANYWHERE
When You Learn How To Lead Me There Gerry Riskin, who is undoubtedly one of the anointed few among clear thinkers, recently sent out a small video (www.gerryriskin.com/law-firm-leadership-law-firm-leaders-heres-3-minutes-53-seconds-from-tom-peters.html) of Tom Peters on the subject of leadership. It was an important piece, and certainly worth the few moments it takes to view it. …
Movers & Shakers
Who's going where; who's doing what.
Case Notes
Recent rulings of interest.
High Court Dismisses Philip Morris Appeal of $79 Million Punitive Damages Verdict
On March 31, the U.S. Supreme Court blinked in a long-running standoff with the Oregon Supreme Court over the handling of a punitive damages suit against Philip Morris brought by the widow of a smoker who died from lung cancer in 1997. The high court dismissed the case of Philip Morris v. Williams as "improvidently granted"in a one-sentence opinion.
Exxon May Be Sued for Natural Resource Damage Done Prior to Passage of NJ Spill Act
New Jersey can pursue Exxon Mobil for natural resource damage done by two refineries prior to enactment of the state's Spill Compensation and Control Act, a Union County judge has ruled. This article explains the background.
Sophisticated User Defense Gains Acceptance
The sophisticated user doctrine has become a prevalent defense nationwide in product liability actions involving failure-to-warn claims. This article expounds upon recent cases that help to entrench the sophisticated user doctrine in many states' case law, to a full or limited degree.
The New Consumer Product Safety Improvement Act
The Consumer Product Safety Improvement Act (commonly referred to as the "CPSIA") was enacted in August 2008 in the wake of a sharp increase in recalls of children's products, particularly the recall of toys during and after the 2007 holiday season. This article provides an overview of the CPSIA, including a summary of key provisions, an update on agency rulemaking to implement the law, and an assessment of the risks and challenges related to compliance with the law.
Practice Tip: The FDA's Good Reprint Practices and Product Liability
The Food and Drug Administration (FDA) recently finalized its guidance document entitled "Good Reprint Practices for the Distribution of Medical Journal Articles and Medical Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices" (the "GRP Guidance"),. Here's what you need to know.
Does Joinder of a Forum Defendant Always Prevent Removal?
A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." There is, however, an exception to the rule.

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