Court Weighs Consumer Fraud Suits Against eBay Posters
February 26, 2009
The New Jersey Supreme Court is poised to decide whether ordinary people who lie about the wares they sell on Internet auction sites like eBay can be held liable under the state's Consumer Fraud Act, with its awesome treble-damages remedy.
Avoiding e-Conomic Insanity When Business Rebounds
February 26, 2009
For e-commerce firms and businesses generally, the ability to maintain a turnaround will be affected by decisions made now, in the depth of the recession. Today, as they struggle to preserve cash flow and stay current on obligations to lenders, landlords and vendors, the helmspeople of too many firms have come to regret decisions they made with hope in their heart for a booming economy 'yet forgot and may still forget to plan prudently for the rebound. Ever more so than before, today's "big deal' may become the liability that leads to tomorrow's bankruptcy filing.
The Constitutionality of Tort Reform Damage Caps
February 26, 2009
Recently, there have been indications that plaintiffs in California medical malpractice actions may renew a constitutional attack on the provisions of the Medical Injury Compensation Reform Act (MICRA), the tort reform legislation that has governed medical malpractice litigation in California for nearly 25 years. The focus of these recent attacks is MICRA's $250,000 limit on noneconomic damages.
Case Notes
February 20, 2009
Recent rulings of interest to you and your practice.
The Coming Age of Nanotorts
February 20, 2009
Within a few short decades, nanotechnology has shown the potential to deliver revolutionary advances ' amazing, economy-disrupting, life-changing advances ' in almost every facet of our lives. Yet few lawyers understand what nanotechnology is and even fewer have a grasp of how the nanotechnology revolution is likely to influence tort litigation.
Technology Puts a Dream House on Hold
February 20, 2009
A look at <i>A.E., Inc. v. Goodyear Tire and Rubber Co., Inc.</i>, No. 05-CV-01317 (D. Colo. 2007), in which visual technology paid a major part in the trail.
Consumer Product Industry, Take Note
February 20, 2009
A new federal whistleblower law will likely result in consumer product manufacturers, distributors and retailers facing expensive and lengthy litigation from current or former employees who recast themselves as whistleblowers to challenge adverse employment actions. There are a number of steps employers should take to protect themselves from this expected wave of new litigation.
Practice Tip: Changing Standards in Safety
February 20, 2009
While safety standards have existed for years for warning labels, safety signs and hang tags, no standard existed that provided guidance for manufacturers in drafting safety information in manuals or other collateral materials. Now ANSI Z535.6 has been approved, which will create consistency in longer product materials and, if followed, assist in the defense of product liability failure-to-warn claims.
