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

In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'
Due to its so-called "rocket docket," many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in <i>In re TS Tech</i> may substantially curtail this practice.
Technology Changing the Litigation Game
There's no mistaking that new technologies are transforming the practice of litigation. Technology can overlook the time-tested interpersonal styles that facilitate skills development, but it can also offer a leg up when it comes to seamless client service and flexible schedules, a trademark that is here to stay as more Gen Ys enter the workforce with an innate expectation of using these tools. The successful litigator must temper the tension between the obvious personal and professional benefits of taking full advantage of new technology and the corresponding loss of face-to-face interaction.
Rules Governing Fax and E-mail Ads
The importance of having a robust compliance policy to review the content of proposed advertisements is well-known and widely accepted. But what may not be as familiar is the need for a separate policy focused on the means of disseminating such advertising.
Prepare Now for Whistleblower Complaints
In a little publicized section of the Consumer Product Safety Improvement Act of 2008 ("2008 Act"), employees in virtually every corner of the consumer products industry were given the right to file lawsuits claiming their employer retaliated against them for having raised consumer product safety concerns.
Companies Filing for Bankruptcy, and SEC Fraud Enforcement Actions
A recent study found that companies filing for bankruptcy protection were three times more likely than non-bankrupt companies to face enforcement action by the Securities and Exchange Commission (SEC) relating to alleged financial statement fraud.
Avoiding Dysfunctional Litigation
Attempts by plaintiffs in product liability actions to bootstrap consumer fraud claims to obvious claims of product defect must be rejected wholesale by the American judicial system. The author discusses why.
Jungle to Desert: Defending the Government Contractor
The key factor in succeeding with either the government contractor defense or the combatant activities exception is the ability to establish that the government exercised its discretion over the manner in which the contract was performed. A look at recent cases demonstrating that these defenses are invaluable tools in defending a broad range of claims against government contractors.
Wyeth: The Plaintiff's Perspective
The authors claim that <i>Wyeth v. Levine</i> is a major victory for consumer advocates and champions of the civil justice system. Here's why.
Practice Tip: The Fine Art of Safely Lifting Litigation Holds
This article explores some of the legal and practical considerations that go into lifting a litigation hold and minimizing the risk of the activity.
Opinion: Supreme Court Botches Preemption Case
The Supreme Court handed down its decision last month in the case of <i>Wyeth v. Levine</i>, ruling that federal law did not bar plaintiff Diana Levine from suing pharmaceutical maker Wyeth over allegedly insufficient drug safety warnings, even though the warnings had been approved by the Food and Drug Administration (FDA). This decision establishes the troubling precedent that a sympathetic jury can now supersede the expert opinions of the FDA on what qualifies as adequate safety labeling.

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  • 'Customary Operations' or A Vacant Building?
    Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
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