Does Product Liability Law Make Economic Sense?
Does product liability law make economic sense? Ask a random group of economists and you will get, in all probability, three basic answers: 1) yes, sort of; 2) no, sort of; and 3) maybe, it depends.
Indemnification in Drug and Device Cases: Avoiding Future Problems
Contractual indemnification arises in products liability litigation in many contexts other than insurance contracts. Agreements between companies and agreements between product manufacturers and physicians and pharmacies are among the most commonly encountered indemnifications in drug and device product liability litigation. Each situation raises practical concerns for counsel representing a pharmaceutical or device manufacturer. How the indemnification provisions are drafted can be important to the client's bottom line and ability to manage litigation. This article discusses some of the practical and litigation strategy considerations that can arise when contemplating entering an agreement for indemnification.
Practice Tip: First-of-a-Kind Accidents ' Evidentiary Considerations
Many successful trial specialists consider "other similar incidents" evidence ("OSI") to be among the most powerful weapons intended to persuade juries that the product in question is truly defective. If they are used, however, two things are necessary: evidence to support the incidents, and careful scrutiny, not only for the familiar standards of so-called "substantial similarity," but also for true relevance, probativeness and potential for prejudice.
New York Ruling Reveals Third-Party Liability Trend
In the emerging issue of third-party liability, recent rulings by the high courts of New York state and Georgia, and a case pending before the New Jersey Supreme Court, may provide some insight as to the direction other state supreme courts may follow.
Case Notes
Highlights of the latest product liability cases from around the country.
When Technology Doesn't Work
The traditional wisdom, "failing to plan is planning to fail," has been transformed into a rule of thumb for the tech sector: "plan for failure." Firms that do not explicitly anticipate systems failure run the risk of being unprepared for a catastrophe, just as Floridians must plan for hurricanes in August ' and New Orleans must now be prepared for potential dike breaches.
New Privacy Laws Restricting Use Of Social Security Numbers
e-Commerce businesses must be particularly careful about how consumer information is collected and used, and whether such practices comply with the varying state laws ' especially considering that their Internet-based business more than likely reaches consumers in all 50 states.
Building a State-of-the-Art Anti-Bribery Program
Anti-bribery laws have serious consequences for anyone doing business internationally. Violations come to light during routine M&A due diligence, when competitors complain or employees blow the whistle, or when companies voluntarily disclose as a part of their Sarbanes-Oxley reporting obligations. When they do come to light, strong internal controls may shield executives from some liability and restore confidence amongst shareholders and regulators.
