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We found 2,777 results for "Product Liability Law & Strategy"...

Franchisor's Non-Compete Upheld In New Jersey
June 26, 2008
A franchisor of tax preparation franchises was entitled to a 24-month injunction beginning from the time of the former franchisee's compliance with a non-competition covenant. <i>Jackson Hewitt Inc. v. Childress</i>, Bus. Franchise Guide (CCH) ' 13,849 (D. N.J., Jan. 22, 2008). The permanent injunction was ordered when the court granted the plaintiff franchisor's motion for summary judgment.
ANDA Litigation Discovery
May 29, 2008
Patent infringement litigation based on an Abbreviated New Drug Application ('ANDA') presents certain unique challenges to the discovery process. Unlike ordinary patent litigation, little if any information helpful to the patent owner is publicly available. Instead, the patent owner must rely on a well thought out discovery plan to obtain certain information from the ANDA applicant. Suggestions for designing such a plan are presented below.
He Who Steals My Trash Pays Cash?
May 29, 2008
In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. <i>United States v. Chalupnik,</i> 2008 WL 268997 (8th Cir. Feb. 1, 2008). Here's a discussion of the case.
Movers & Shakers
May 28, 2008
Who's doing what; who's going where.
Attorneys Awarded $218 Million for Work in Overturned Smokers' Class Action
May 28, 2008
On tax day, Miami-Dade Circuit Judge David C. Miller awarded $218 million in legal fees to Stanley and Susan Rosenblatt for years of work they put into now-defunct class action litigation against the nation's biggest cigarette makers.
Key Pre-emption Ruling in Third Circuit
May 28, 2008
On April 8, 2008, the Third U.S. Circuit Court of Appeals issued a significant decision concerning the authority of federal regulatory agencies to pre-empt state tort claims, <i>Colacicco v. Apotex Inc.</i>, No. 6-5148.
Eighth Circuit Decertifies Class in St. Jude Heart Valve Case: Issues of Individual Causation Predominate
May 28, 2008
The Eighth U.S. Circuit Court of Appeals recently decertified a class of more than 11,000 plaintiffs in the Silzone heart valve litigation on the basis that individual questions regarding causation would predominate over any common issues related to the truth or falsity of the alleged misrepresentations.
Medical Monitoring Class Actions: Challenging Certification By Challenging the Proposed Medical Monitoring Program
May 27, 2008
Federal district courts have recently denied class certification in instances in which the plaintiffs sought medical monitoring, citing causation issues better addressed on an individual basis.
Federal Officer Removal Jurisdiction Upheld in Agent Orange Cases
May 27, 2008
In this article, we discuss the issue of federal officer removal, <i>i.e.</i>, the removal of a state action to federal court on the ground that the government had such control over the defendant that the defendant was essentially acting as a federal officer.
Practice Tip: Coordination of Mass Torts in NY State Court
May 27, 2008
Part One of this series discussed the advantages of coordinating state and federal mass torts cases, and specifically addressed New York law. The conclusion describes the process of applying for coordination in New York State.

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