Practice Tip: The Earning Capacity of Business Owners
October 29, 2007
The owner of a business can claim as lost earning capacity in a personal-injury action only the working time lost due to injuries and harm to future earning capacity, not the business' alleged profits in perpetuity.
Dealing with the Surprise Government Interview
October 29, 2007
When conducting criminal investigations about possible corporate wrongdoing, in alleged defective-products matters and other cases, government agents often seek to interview company executives and other employees ' of old-line bricks-and-mortar and e-commerce companies ' 'by ambush' outside the office, to minimize the likelihood that a supervisor or a company lawyer might intervene to thwart the interview. There is nothing improper in using this investigative technique; nevertheless, employees should know their legal rights and understand the risks they take when they submit to such surprise interrogations.
The China Syndrome: Will the U.S. Legal System Deal with Tainted Chinese Imports or Meltdown?
October 29, 2007
The 'classic' product liability lawsuit against the Chinese manufacturer raises many issues, including, but not limited to, jurisdiction, forum non conveniens, and the uncertainty as to whether traditional U.S. product liability or tort defenses apply. Probably the most important issue, enforcement of any judgment in China, is also either unchartered or risky territory for a claimant.
Harnessing Creativity or Creating Liability?
October 29, 2007
The growth of online social networking has not been lost on marketers, who hope to enlist Internet users in campaigns to promote their products and services. This article will appear in three installments. This first part examines the use of user-generated content ('UGC') and user participation as part of a promotion.
Products As Witnesses
September 28, 2007
Because of the importance of the 'crown jewels,' litigants should be assiduous in trying to locate and preserve the accident-involved product and in trying to assure the integrity of its custody and condition from the time of the accident. Indeed, a failure to do so can result in spoliation-of-evidence sanctions.
Movers & Shakers
September 28, 2007
News about lawyers and law firms in the product liability field.
Case Notes
September 28, 2007
Highlights of the latest commercial leasing cases from around the country.
Forum Non Conveniens
September 28, 2007
On July 31, 2007, the Appellate Division of the New Jersey Superior Court affirmed the forum non conveniens dismissal of pharmaceutical product liability claims filed by 95 UK plaintiffs in In re Vioxx Litigation, Docket No. A-1731-06T1. The case involved allegations asserting personal injury claims allegedly caused by defendant Merck & Co., Inc.'s anti-inflammatory medicine, Vioxx'. This is a noteworthy forum non conveniens decision that could well have ramifications outside of New Jersey, particularly in other mass tort situations.
Building a Fire Wall
September 28, 2007
Part One of this series discussed the misuse of the public nuisance doctrine in product liability litigation. The conclusion addresses the rejection of these claims by courts in Missouri and New Jersey.
