The Ephedra Bankruptcy Cases and the Twinlab Global Settlement Model
December 21, 2007
It began a little over four years ago, in late September 2003, with a simple but urgent telephone call from pioneering ephedra plaintiffs' attorney Anne Andrews (of Orange County, CA-based Andrews & Thornton) to one of the authors. The caller asked about the impact of the then-recently filed bankruptcy of TwinLab, an ephedra weight-loss product manufacturer and a significant player in the food and vitamin supplement industry, on that company's products liability insurance policies. Four major ephedra manufacturer bankruptcies later, the situation ended on Sept. 25, 2007, when the United States Bankruptcy Court for the Southern District of California entered an order in the ephedra-related Chapter 11 bankruptcy case of Metabolife International ...
Vehicle Tracking Surveillance
December 21, 2007
In our era of fast-paced technological development, you may know that a GPS-enabled cell phone could allow you to trace your teenager's steps, but did you know that you could track your schnauzer through his GPS-enabled dog collar? Inventive product designers are finding new ways for us to enjoy the government-run Global Positioning System all the time.
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?
