Putting Plaintiff to the Test: The Crashworthiness Doctrine
April 28, 2006
<b><i>Part Two of a Two-Part Series.</i></b> The plaintiff's burden of proof in a 'crashworthiness case' is dramatically higher than in the standard product liability action. In the automotive context, these cases are sometimes referred to as 'second collision' cases because the manufacturer's liability is based not upon the 'first collision' between the vehicles involved in the accident, but upon the 'second collision' comprised of the physical contact made between the plaintiff's body and the vehicle's interior. Generally, in a crashworthiness case, the plaintiff must prove that the alleged defect enhanced his or her injuries beyond what would have otherwise been sustained in the collision. A failure to meet the weighty burden of proof in a crashworthiness case can be fatal to one's case. The first part of this two-part series discussed a recent New York case, <i>Katz v. Ford Motor Company and Hempstead Ford, Inc.</i>, No. 18933-00 (N.Y. Sup. Ct., Suffolk Cty., Dec. 7, 2005), and the definition of crashworthiness. The second part addresses whether the crashworthiness doctrine applies to a 'failure to deploy' case, how to charge the jury, and how to apportion the damages among tort-feasors.
On-Sale Bar By Upgrade? An Invention May Be Put On-Sale By a Contract Made Before the Date of Invention
April 28, 2006
A straightforward reading of the existing on-sale bar law suggests that companies and inventors, particularly in the software industry, may be unwittingly putting their inventions on sale by agreeing to deliver future improvements or versions of their product to their customers. This is a consequence of the initially counterintuitive principle that an invention may be put on sale by a contract or offer made before the invention even exists. This principle will often apply in the context of 'upgrade' contracts, where a seller contracts, at the time of a sale, to provide future 'upgrades' to a product. In that situation, the seller's pre-existing obligation to provide the invention as an 'upgrade' can put the invention on sale, even though the obligation arose before the invention was conceived.
News Briefs
April 28, 2006
Recent news from around the country.
Court Watch
April 28, 2006
Highlights of the latest franchising cases from around the country.
Pizza Hut Franchisee Settles Major ADA Complaint
April 28, 2006
Pizza Hut's largest U.S. franchisee, NPC International, settled a complaint under the Americans with Disabilities Act ('ADA') on March 28 that will result in extensive remedial work at many of NPC's 775 franchised restaurants. Under the agreement, NPC will ensure proper accessibility of all of its Pizza Hut properties for parking lots, entrances, seating areas, bathrooms, self-service counters, and other spaces and elements. It will also survey and evaluate all NPC-owned facilities that are subject to the ADA's more stringent new construction and alterations standards at the time of their construction or alteration, bring them into full compliance, and incorporate training of personnel and store managers for future compliance.
Q&A with Franchise Pundit Founders
April 28, 2006
In this Q&A, FBLA talks with Robert Boulter and Ryan Knoll, the founders of FranchisePundit.com, a blog and discussion forum that covers business and legal issues in franchising. Since its inception in April 2005, visitor traffic to Franchise Pundit (www.franchisepundit.com) has grown exponentially, as franchisees, prospective franchisees, and franchisors read and respond to its no-nonsense, practical advice and observations.
<b>Professional Development University: </b>Invest in Your Future: You Are Worth It
April 28, 2006
If professional development has not found its way into a lawyer's practice and values, compliance with state CLE requirements is forcing a change. A growing number of states call upon lawyers to report their professional development activities and some states require stress management, substance abuse, or ethics education, as well as learning in a substantive area of law. There are also lessons from the larger firms: professional development is good for business and commonly used to market the firm's expertise.
Kaye Scholer Faces Malpractice Claim From Ex-Computer Associates Worker
April 28, 2006
A former employee of scandal-plagued software giant Computer Associates, who claims she was fired for cooperating with an internal investigation, may sue the law firm hired by the company to represent her for legal malpractice based on alleged conflicts of interest, a Long Island judge has ruled.
Franchise Industry Must Tackle Privacy
April 28, 2006
Consumers are growing more sensitive about the privacy of their financial information, and franchisors are no different than other businesses needing to become more attentive to protecting customer data. 'Information privacy and security is one of the most fast-paced and constantly changing areas of the law today,' stated Kirk Nahra, chair, Wiley Rein & Fielding's privacy practice, in a conference call on April 20, targeted specifically to the privacy challenges that franchises face.
Employee-Benefits Bankruptcy Issues That Law Firms Need to Know
April 28, 2006
This article provides an update on the protection of an individual retirement account (IRA) from creditors after the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act). In general, the Act, which took effect on Oct. 17, 2005, expands the bankruptcy protections previously available for a debtor's 'ERISA-qualified' retirement funds.
