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

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.
The Growth in Wage-and-Hour Claims
This article explores some of the most common FLSA issues that employers confront on a daily basis, and ways to avoid being a victim of this FLSA wave.
RICO
Smithfield Foods' precedent-setting civil racketeering suit against the United Food and Commercial Workers' Union (UFCW) and several related defendants spawned critically important legal precedent that blazes a new trail for employers who are in search of litigation options for responding to non-traditional union organizing methods.
How to Create Common and Uncommon Assignment/Subletting Problems
Under common law, absent a lease restriction, tenants had been free to assign their leasehold interest to others or to sublet all or part of their leased space. That rule of law is of little consequence today because virtually all leases restrict assignment and subletting rights, often in excruciating detail.
Off-Label Promotion of Drugs and Medical Devices
A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
The Little License That Could: Dangers of Using Open-Source Code After Jacobsen v. Katzer
Although the open-source movement has been active for more than a decade, it is only in recent months that such a copyright license actually has received the imprimatur of enforceability ' from an unlikely court (the Federal Circuit) construing a perhaps unlikely license (the Java Model Railroad Interface for model train software).
The Time-Money Continuum
Everyone has heard that time is money, but it may be that no industry understands this concept as well or as thoroughly as the insurance industry. Here's why.
Finding the Familiar in Contingent Coverage Provisions
Contingent business interruption insurance found in many commercial property contracts is business interruption insurance with a single modification: While business interruption is triggered by damage to property of the insured, which leads to an interruption of the insured's business, contingent business interruption is triggered by damage to the property of a specified third party, which leads to an interruption of the insured's business.
Opinion: Supreme Court Botches Preemption Case
One author's strong views about <i>Wyeth v. Levine</i>.
State Claim Not Preempted By Federal Drug Labeling Law
The decisive March 4 U.S. Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

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