The Proposed and Enacted 'Cheeseburger Bills' Limiting Obesity Lawsuits
November 01, 2005
The issue of obesity in the American population has become a hot national topic. While there has been some dispute among interested groups as to the extent of the problem, it seems clear that obesity causes health conditions that include diabetes, heart disease and sleep apnea. Indeed, authorities as established as former Surgeon General Dr. David Satcher have stated that the problem of obesity may eventually cause as much preventable disease and death as cigarette smoking. The sparkplug event on the issue in the legal community was the filing of the <i>Pelman v. McDonald's Corp.</i> action in a New York state court in August 2002, which was removed to federal court a month later. In that action, two girls, as members of a putative class action of minors, alleged that their obesity and other health problems were caused by their heavy diet of McDonald's products. The noise on the issue was amplified by the Second Circuit's decision in <i>Pelman v. McDonald's Corp.</i>, 396 F.3d 508 (2d Cir. 2004), reversing the district court's dismissal of the action.
Case Notes
November 01, 2005
Highlights of the latest product liability cases from around the country.
Leading Questions and Child Witnesses
November 01, 2005
The first part of this article discussed the case law of both state and federal courts with regard to the admissibility of child testimony and the suggestibility of child witnesses. The conclusion discusses whether the child witness understands that he or she can affect the outcome of the litigation, as well as other issues related to the reliability of the child's testimony.
In-House e-Discovery Processing: Much More Than Software
November 01, 2005
Many law-firm clients, horrified by the expense of having their electronic data collected and processed by outside discovery specialists, press their law firms to find less expensive ways to get these materials ready for production in discovery. Fortunately (and conveniently), vendors offer a variety of products that law firms could use to process digital discovery materials in-house. <br>Seeing the possibility of generating additional revenue while reducing a client's out-of-pocket expenses, many law firms' technology and training committees are being tempted to add internal electronic data discovery (EDD) processing services. Relatively few law firms, however, have analyzed the full range of technical and legal issues that come with offering these services.
Title Insurance for the Mezzanine Lender
November 01, 2005
Present-day real estate financing is significantly more complex than traditional financing. Sobered by borrower bankruptcies and compelled by rating agency requirements in the modern day era of mortgage securitizations, lenders are now looking to "mezzanine loans" to bridge the gap between senior debt and borrower equity. A mezzanine loan will often cover 50% to 90% of the equity required to acquire a property. In order to secure the repayment of a mezzanine loan, a lender customarily requires a pledge of the partnership or membership interests of the property owning entity.
Bifurcating Medical Malpractice Cases
October 31, 2005
A classic medical malpractice trial generally conjures up images of strategic trial lawyers, sympathetic plaintiffs, and zealous expert witnesses all culminating in one statement from the jury regarding both liability and damages. This vision -- one of a unitary trial -- contrasts starkly with a device of civil procedure called a bifurcated trial. One of the primary methods of bifurcating a trial is to separate the liability phase from the damages phase. Though widely utilized in other civil cases, bifurcation is seldom requested -- or granted -- in medical malpractice cases. What is the current state of the law and its application to medical malpractice cases, and what are some practical considerations that may factor into the decision whether to seek bifurcation?
Plaintiff Has Standing in Defective Device Lawsuit
October 31, 2005
A patient implanted with a medical device is vulnerable to injury if that device is defective, even long after the operation and recovery phases have passed. Some courts have recognized a right to certain types of recovery when there is a prospect of future injury, but others have not. In the recent case of <i>Sutton v. St. Jude Medical S.C. Inc.</i>, 2005 U.S. App. LEXIS 18013 (6th Cir. 9/23/05), the U.S. Court of Appeals for the Sixth Circuit was asked to answer a related threshold question of first impression in a medical monitoring case: Does an increased risk of harm requiring current medical monitoring serve as a sufficient injury in fact to confer standing to sue?
Employee Blogging
October 31, 2005
A growing number of employees are blogging (posting comments, photographs, and even audio streams, to an online diary or journal), both at work and at home. The proliferation of workplace-related blogging has created an additional legal minefield to be navigated by the growing number of employers whose workforce has access to computers, the Internet and related electronic information. This article provides an overview of some of the more significant legal and business issues facing employers whose employees engage in workplace-related blogging, and offers recommendations for such employers to consider in an effort to minimize the potential for legal liability associated with such blogging.
Use e-Billing Or Lose Business
October 31, 2005
Today, the vast majority of the top 200 U.S. law firms are sending electronic invoices to one or more clients. Many work with four or more e-billing vendors, depending on the client demands. Electronic billing can provide significant value to the firm and to its clients, but it is absolutely imperative to align corporate client e-billing goals with law-firm participation and vendor functionality. With proper alignment and support, e-billing is a powerful tool that strengthens the relationship between the attorney and client.
