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Movers & Shakers
December 27, 2007
News about lawyers and law firms in the product liability field.
Case Notes
December 27, 2007
Highlights of the latest product liability cases from around the country.
'Mass Actions': Eleventh Circuit Attempts to Find a Method to the Madness
December 27, 2007
Although the Eleventh Circuit in <i>Lowery v. Alabama Power Co.</i>, attempted to grapple with some of the thorny issues presented by CAFA's 'mass action' provisions (and removal generally), many questions remain unanswered.
Extra-Judicial Opinions: The Argument Against a Fifth Daubert Factor
December 27, 2007
Although the Ninth Circuit did not rule that extra-judicial circumstances should be added to the four Supreme Court Daubert 'factors,' there is, nevertheless, superficial support by some courts in dicta that <i>Daubert II</i> held that an extra-judicial opinion is more reliable than one born out of the litigation. A closer look at this idea will reveal it is not one that should be adopted as a factor.
Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine
December 27, 2007
There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.
Practice Tip: Rule 34's Direct Access Provision
December 27, 2007
Rule 34 of the Federal Rules of Civil Procedure permits a party to 'inspect, copy, test, or sample any designated documents or electronically stored information.' However, what exactly does that mean for corporate litigants? Can a plaintiff demand to show up at a client's offices and expect a seat in front of a keyboard? Will a client be forced to hire a third party to copy its hard drives &mdash; online shopping Web history and all &mdash; and hand them over to the opponent?
Nanotechnology: Law and Business at One-Billionth of a Meter
December 27, 2007
Nanotechnology represents a vast frontier for science, business, and law. Already governments and corporations are sinking an estimated $10 billion annually into nanotechnology R&amp;D, and economic forecasters are predicting that nanotechnology will account for some 15% of all global manufacturing output by 2014 ' commerce valued at some $2.6 trillion. The plaintiff's bar, mass torts, and class actions cannot be too far behind such words.
The Leasing Hotline
December 27, 2007
Highlights of the latest commercial leasing cases from around the country.
Subleasing Pointers: The Perspective of a Prime Landlord, Sublandlord, and Subtenant
December 27, 2007
Parts One and Two of this series discussed subleasing from the perspective of the Prime Landlord and Sublandlord, respectively. This final installment addresses the issue from the Subtenant's perspective.
In the Spotlight: Negotiation of Operating Expenses in an Office Lease
December 27, 2007
This article provides a brief overview of commonly negotiated operating expenses and presents both the landlord and tenant perspective.

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