Statistics and 'Substantial Certainty'
April 28, 2005
An interesting case in New Jersey might provide an answer to a significant question on employers' liability under workers' compensation statutes and, by association, manufacturers' liability under defective-design theories. The issue: How does a plaintiff prove "substantial certainty" of injury in order to proceed under common law standards against the employer, as opposed to recovering under workers' compensation?
Online: Valuable Information for Lawyers As Well As Pharmacists
April 28, 2005
The Web site <i>www.pharmacist.com</i> is the single-source site for the continuous professional development needs of pharmacists, pharmacy students, and pharmacy technicians. The site is a joint project of the American Pharmacists Association and the National Association of Boards of Pharmacy.
The Debtor's 'Insolvency' for Avoidance Actions
April 27, 2005
This article focuses on the uses of the term "insolvency" in the avoidance context, including the impact of the 2004 case, <i>Heilig-Meyers Co. v. Wachovia Bank N.A. (In re Heilig-Meyers Co.)</i>, 319 B.R. 447 (Bankr. E.D. Va. 2004), which, while limiting its analysis to a preference context, sheds some light on judicial gloss on the term "insolvency" as it is used both explicitly and implicitly throughout the Code. In addition, it examines definitions of "insolvent" and the presumption of insolvency in preference actions, discusses fair valuation and going-concern valuation methodology, and looks at the standard of proof and types of evidence to establish insolvency (including retrojection and projection).
Extraterritorial Application of U.S. Patent Laws: NTP, Inc. v. Research in Motion
April 01, 2005
Members of Congress rely on them, and many lawyers compulsively check them, but until recently, most users did not realize that every e-mail message sent to or from their BlackBerry handheld device is routed through a Relay station in Canada, which Research in Motion, Ltd. ("RIM"), the maker of the BlackBerry, calls home. The location of this Relay was a central issue in a patent infringement dispute between NTP, Inc., the holder of patents related to mobile electronic e-mail, and RIM, with RIM claiming it did not infringe NTP's patents because a key component of its BlackBerry system, and a necessary element of NTP's patent claims, resides outside the United States. But the courts have sided with NTP. (Editor's note: The case was recently settled. See IP News for details.)
Come 'Hell or High Water' NorVergence Causing a Stir over Documentation
April 01, 2005
So-called "hell or high water," "waiver of defense" and lessor favorable "submission to jurisdiction" clauses have long been cornerstones of equipment finance documentation. But, the unfolding debacle over the last year involving a company called NorVergence has cast an unfavorable light on these important provisions and, in doing so, entangled most of the top players in the leasing industry.
Case Briefs
March 31, 2005
Highlights of the latest insurance cases from around the country.
Case Notes
March 31, 2005
Highlights of the latest product liability cases from around the country.
Practice Tip: Use Caution When Relying on Governmental Reports
March 31, 2005
Product failures are often investigated by official agencies. For example, the National Highway Traffic Safety Administration ("NHTSA") will often report on automobile defects as well as traffic accidents; the National Transportation Safety Board ("NTSB") investigates aviation accidents, and the Coast Guard investigates maritime disasters.
Sweeping Litigation Reform Expands Federal Jurisdiction over Class Actions
March 31, 2005
On Feb. 18, 2005, President Bush signed into law the Class Action Fairness Act of 2005 ("CAFA"), which will apply to any civil action commenced on or after the date of enactment. CAFA is the first major litigation reform legislation to pass Congress in nearly a decade and arguably represents the most significant change in class action law in the United States since the adoption of Rule 23 of the Federal Rules of Civil Procedure in 1967.
Online: Learn About Breast Implants
March 31, 2005
The Implant Information Project ("The Project"), located at <i>www.breastimplantinfo.org</i>, is a new Web site sponsored by the National Research Center for Women & Families, a nonprofit, nonpartisan organization that is dedicated to improving the health and safety of adults, teens, and children. It provides up-to-date information about the latest research on breast implants, so that teens, women, and their families have the information they need to make appropriate decisions.
