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Manufacturers Beware: Liability When Warning Labels Are Ignored or Disobeyed
Manufacturers may be surprised to learn that a growing number of courts are awarding damages to plaintiffs who have ignored or failed to follow product warning labels and instructions. Courts have often barred plaintiffs from recovering in such cases by applying a presumption that product warnings will be read and heeded. This has provided a safe harbor from liability for manufacturers and sellers.
Around the Firms
Movement among major law firms and corporations.
Understanding the Rights and Obligations Of Your Military Reservist Employees
Last month, the authors provided background on the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) and employee entitlements under the Act. This month, analysis of the Act concludes with a look at reemployment rights upon the employees' return and USERRA's effect on other laws.
Multi-State Firms Take Advantage of Illinois' Limited Liability
Effective July 1, 2003, pursuant to rules recently adopted by the Illinois Supreme Court, law firms with Illinois offices will be able to practice as limited liability partnerships (LLPs). In addition, co-owners of law firms organized as limited liability legal entities (ie, as members of LLPs or limited liability companies (LLCs), or as shareholders of professional corporations (PCs)) will be able to avoid exposure to vicarious liability for malpractice committed by other lawyers in their firms, if their firms meet and maintain specified minimum amounts of malpractice insurance or other proof of financial responsibility.
Are Law Firm 'Partners' Really 'Employees'?
Law firm management often assumes that some attorneys, such as partners, shareholders and of counsels, are not covered by various civil rights statutes, <i>eg</i>, the Age Discrimination in Employment Act (ADEA) and the Americans With Disabilities Act (ADA). As firms which have been sued by such attorneys or which have faced broad Equal Employment Opportunity Commission (EEOC) investigations have learned, however, such assumptions are often not well founded.
Real Property Law
Recent rulings of importance to your practice.
Landlord & Tenant
Recent rulings of importance to your practice.
Development
Recent rulings of importance to your practice.
Federalizing Real Estate Transactions
Most real estate transactions are governed by state law and local custom, not federal law. But a massive federal law enacted shortly after the 9/11 terrorist attacks raises the specter that the federal government may intrude into commercial real estate transactions in ways heretofore thought unimaginable. Known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ('USA Patriot Act'), the legislation has led the federal government to propose rules designed to combat money laundering and terrorist financing in these types of transactions.
Decisions of Interest
Recent cases of interest to your practice.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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