NJ & CT News
June 30, 2008
Rulngs in neighboring states that may affect your practice.
Applying Exceptions to the Rules Against Hearsay Evidence in Custody Cases
June 30, 2008
In Part One of this article, the authors discussed the fact that the rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases. Now they look at the specific exceptions to the rules against hearsay as they relate to child custody litigations.
CA Gay Marriage Ruling
June 30, 2008
On May 15, when the California Supreme Court ruled that marriage could not be denied to same-sex couples, the door seemingly flew wide open for gay and lesbian couples from any state in the union (and beyond) to go to California and get married. Whether that right would prove elusive for New York residents ' as was the case in Massachusetts, when that state decided to reserve gay marriage rights only for Massachusetts residents ' was an open question.
Case Notes
June 27, 2008
Punitive, Non-Economic Damages Reduced for Paraplegic Injuries
TX High Court Rules on Federal Pre-emption
June 27, 2008
In an April 18 decision that could affect other kinds of cases involving a federal regulatory scheme, the Texas Supreme Court held that the U.S. Consumer Product Safety Act ('CPSA') pre-empts a tort claim brought against a cigarette lighter manufacturer.
The Need for New Policy and Business Paradigms
June 27, 2008
New products frequently give rise to new waves of product liability litigation. With nanotechnology-rooted innovation forecasted to account for upward of $1.5 trillion in global commerce by 2015, the stakes are high.
CA Adopts the Sophisticated User Doctrine
June 27, 2008
On April 3, 2008, the California Supreme Court, faced with a question of first impression, adopted the Sophisticated User Doctrine as a viable affirmative defense in product liability cases. The issue, as framed by the court, was whether California should adopt the Sophisticated User Doctrine to negate a manufacturer's duty to warn of a product's potential danger when the plaintiff has, or should have, advance knowledge of the product's inherent hazards. The ruling is an undeniable victory for product manufacturers.
<b><i>Practice Tip</b></i> Lone Pine Orders Increase Judicial Efficiency
June 27, 2008
In recent years, an increasing number of state and federal courts nationwide have issued 'Lone Pine orders' ' case management orders that require plaintiffs in mass tort litigation to substantiate their claims early in the litigation. Jurisdictions are split on whether to permit Lone Pine orders, which typically require plaintiffs to submit evidence, often in the form of expert affidavits or reports, of each plaintiff's exposure to toxic substances, each plaintiff's claim of illness, personal injury or property damage, and a causation link between the exposure and the injury.
Application of the Government Contractor Defense Affirmed in Agent Orange Cases
June 27, 2008
This article addresses the Second Circuit's decision affirming the application of the 'government contractor defense' to preclude the plaintiffs' claims asserted against the companies that had manufactured the herbicides. Under the government contractor defense, a private manufacturer is immunized from liability where it has made a product in accordance with specifications formulated by the government.
