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

Dual Franchise Co-Branding: A Cautionary Tale
With the state of the economy, even a strong business like the franchise industry is feeling the proverbial pinch. While still growing and enjoying measures of success, franchisors are dealing with fewer leads and fewer sales of franchises. In such times, franchisors may look to alternative means to increase sales volume while reducing expenses. One alternative franchisors may begin to consider is co-branding.
Revisiting MLF 2008: What You Missed!
Last month, Marketing The Law Firm took a look back at 2008 with pared-down versions of one article each from our January to June issues. In this issue, we continue to look back at 2008 with articles from the July to December issues.
Movers & Shakers
Who's doing what; who's going where.
Case Notes
Recent litigation of interest to you and your practice.
Product Liability Litigation
The different ' sometimes even higher ' product standards required by non-American countries can adversely affect product protection here in the United States, as plaintiff's attorneys can use these discrepancies to their advantage in litigation against product manufacturers.
Preemption Beyond Drugs and Medical Devices
Although the issue of Federal Preemption has grabbed the headlines in medical device and pharmaceutical cases, those analyzing preemption's impact on plaintiff's failure-to-warn claims on other types of products that are subject to federal regulation are significant for their varied results.
Practice Tip: A Litigator's Guide to the 'Siren Song' of 'Consumer Law' Class Actions
Statutory consumer-protection laws are rapidly displacing common law tort principles. Those behind this disturbing trend say that these lawsuits (typically class actions) represent a "different avenue of relief for a different type of injury." Most admit, however, that they are actually running consumer class actions for "risk of injury" because personal-injury class action torts are too difficult to certify.
Protecting Against Unique Claims Regarding Medical Device Sales Reps
In recent years, pharmaceutical and medical device manufacturers have faced an increased number of creative product liability claims arising from alleged actions of their sales representatives. Medical device manufacturers may face a challenge in preventing these claims because of the unique role of these representatives.
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. Here's why.
Movers & Shakers
Who's going where; who's doing what.

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  • The Availability of Self-Help Evictions to Commercial Landlords
    A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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