Punitive Damages and Discovery of a Defendant's Financial Condition
Allegations of punitive damages can cast a heavy shadow on any litigation, and defendants in product liabilty cases are no strangers to tremendous punitive awards. That said, it is not difficult to understand why most defendants, at least early on, do not want to think about the potential for ' or size of ' a punitive damages award. Here's why.
A Multidistrict Litigation Primer
Part One of this article discussed the basics of multidistrict litigation. The conclusion herein describes the Judicial panel on Multidistrict Litigation (JPML).
An Economist Defends Against Punitive Damages
While punitive ' or exemplary ' damages are rarely imposed in product liability matters, they do sometimes occur. One strategy to minimize the risk of a punitive damages award is to present a robust defense against economic-damages claims: Punitive damages are often measured in relation to the economic harm suffered by plaintiffs.
The Perfect Storm
Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August in response to a perceived product safety crisis arising from several recent high-profile recalls of imported children's products. This article provides an in-depth discussion.
McNulty Revisited
This article briefly reviews the history of the DOJ's corporate charging guidelines, discusses the policy changes from the DOJ's earlier charging guidelines, and analyzes the Filip Memo's impact on corporate investigations and prosecutions.
Managing Narcotics Medications
Last month, the authors discussed some valuable advice that prescribers can use when they are faced with a patient suffering from chronic pain yet also want to avoid, as much as possible, potential investigation or liability. The conclusion herein reviews some of those recommendations.
Dealing with a Seriously Impaired Plaintiff at Trial
Few cases inspire more sympathy than those involving a seriously impaired plaintiff. Such cases can be daunting to defense counsel because of the potential for juries to allow sympathy to overshadow their legal duty to consider the facts of each case objectively.
