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

The Tao of Daubert
All too often, the outcome of a "child custody dispute" will turn upon the recommendations contained within the custodial or parenting plan evaluation of the psychological expert. This first of a two-part article contains: 1) a brief review of <i>Frye v. United States,</i> and <i>Daubert v. Merrell Dow Pharm., Inc.</i>, standards; 2) an exploration of why evaluations are so rarely challenged by <i>Frye/Daubert</i> hearings; and 3) the foundation for a meaningful review of the evaluation under either <i>Frye</i> or <i>Daubert</i> standards.
<b>Special Issue:</b> The Fourth Annual MLF 50: The Top 50 Law Firms in Marketing and Communications
Now more than ever, marketing should take center stage ' and for 50 firms it has ' I'm a believer!
Case Notes
Recent rulings of interest to you and your practice.
Plaintiffs Lawyer Files Constitutional Challenge to Law Restricting Silica Litigation
A Houston plaintiffs lawyer, on behalf of hundreds of silica litigants, is pressing a constitutional challenge to a 2005 Texas state law that restricts his clients from litigating claims if they suffer no physical impairments.
Whose Space? Discovery of Social Networking Web Sites
This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.
Product Liability Suit Pre-empted by Federal Vaccine Act
A Philadelphia judge recently ruled that a federal law governing the liability of pharmaceutical companies for drug vaccines pre-empts state tort claims of design defect and failure to warn in the product liability case of an 11-year-old boy who has autism.
A Multidistrict Litigation Primer
What do FEMA trailers, peanut butter, Viagra, pet food, tires, implantable defibrillators, Agent Orange and iPods have in common? A really weird dream? Maybe. Mass product liability litigation? Ding!
Practice Tip: Foreign Statutes of Limitations
When you file a suit on behalf of an out-of-state plaintiff, the state in which you file may have a borrowing statute. This type of statute usually prevents forum shopping by requiring the out-of-state plaintiff to file his case in the forum state within the statute of limitations permitted by his home state. Following is an analysis of this situation.
Wyeth v. Levine
One of the great dramas playing in the theater of American jurisprudence is the epic struggle that roils pharmaceutical labeling. Simply put, the labeling issue confronting the Supreme Court this term is: Who decides the adequacy of drug labeling ' the FDA or a jury of plaintiff's peers?
DMCA: A Safe Harbor for Video Sharing?
As the popularity of Web video continues to grow, so too does the potential for contributory copyright infringement on popular video-sharing Web sites. These Web sites become venues for infringing behavior, simply due to the sheer number of users uploading new videos daily. Consequently, content owners have contended that such Web sites must take a greater role in stemming their users' infringement. The Web site owners have countered that they need only follow the dictates outlined by the DMCA safe harbors that can immunize service providers from copyright liability. Thus, both sides continue to dispute what it means to be compliant with the DMCA. They also dispute which entity should bear the ultimate responsibility for policing video-sharing sites for infringing content: the Web site owner or the content owner.

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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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  • 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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