Case Notes
November 30, 2007
Highlights of the latest product liability cases from around the country.
Recalled Mattel Toys: Class Action Suits Seek Medical Monitoring
November 30, 2007
Two Pennsylvania law firms have filed class action suits against toy company Mattel Inc. The suits were filed in an effort to compel Mattel, the importer of millions of Chinese-made toys that have been recalled recently due to lead paint and small magnets, to pay for lead testing for children who may have been affected by the toys.
Fee Contracts: Failure to Include Language Costs Millions
November 30, 2007
The saga of a Texas product liability law firm can serve as a lesson to other firms in Texas, and perhaps, throughout the nation. In September, an arbitration panel ordered John M. O'Quinn's firm to pay a class of 3,450 former breast implant clients nearly $42 million because the fee contracts did not include language permitting the firm to charge for general expenses.
Texas Asbestos Reform: The New Quantitative Standard
November 30, 2007
Because of the devastating impact asbestos litigation has had on U.S. companies, courts and legislatures have finally begun to retake control of asbestos litigation. On June 8, 2007, the Texas Supreme Court issued its opinion in <i>Borg-Warner Corporation v. Flores</i>, marking the latest step in Texas' transition away from easy asbestos verdicts for plaintiffs.
The Fifth Element: Adding to the Daubert Criteria
November 30, 2007
Any trial lawyer re-reading <i>Daubert v. Merrell Dow Pharmaceuticals, Inc.,</i> or reading afresh the Ninth Circuit's application of the <i>Daubert</i> standard on remand from the U.S. Supreme Court may be surprised to learn that a fifth reliability element ' often overlooked ' is frequently applicable and very useful.
Recent Developments in Spoliation Law
November 30, 2007
This article examines recent developments in spoliation law affecting civil litigation, including various remedial and punitive strategies that some jurisdictions have adopted.
Practice Tip: Is It Necessary to Sue a Foreign Auto Manufacturer?
November 30, 2007
Foreign auto manufacturers often have American subsidiaries that import their products and market them with a warranty from the importer. If such a product injures an American due to a design defect, do you need to sue the manufacturer as well as the importer/seller/warrantor?
The Leasing Hotline
November 30, 2007
Highlights of the latest commercial leasing cases from around the country.
In the Spotlight: Dealing with Vacancies in the Context of Pass-Throughs
November 30, 2007
In the vast majority of commercial leases, provision is made for passing through to the tenants the responsibility for paying all or a portion of the operating costs of the building and the real estate taxes payable with respect to the property. However, what if the building is partially vacant? This article explores how leases deal with vacancies in the context of such 'pass-throughs.'
