Online: Discover Technical Standards Online
January 26, 2005
ASTM International, originally known as the American Society for Testing and Materials (ASTM), was formed more than a century ago. One of the largest voluntary standards development organizations in the world, it is a trusted source for technical standards for materials, products, systems, and services. For more than a century, ASTM has met the technical needs of commerce. ASTM International provides a forum in which stakeholders from both the supply and demand sides of the marketplace come together and produce documents for trade and best business practices that are used around the globe. ASTM's market extends over 100 industrial and management sectors, ranging from construction materials and environmental assessment to medical devices and property management systems. More than 100 nations are represented in ASTM International. It's worth a visit to the Web site, <i>www.astm.org</i>, on a periodic basis, to see what's new.
Philadelphia Mass Tort Program: Alive and Well
January 26, 2005
Status report from Philadelphia: The Mass Tort Program is alive and well. A recent decision by Judge Norman Ackerman of the Philadelphia Court of Common Pleas sent a message to pharmaceutical giant Wyeth (formerly American Home Products) that the court would not require persons injured by diet drugs to refile their lawsuits in the states where they live. Instead, by denying Wyeth's Motion to Dismiss on the Basis of <i>Forum Non Conveniens,</i> Judge Ackerman allowed roughly 50 drug cases to remain in Philadelphia County. More importantly, with approximately 12,000 diet drug cases still pending in Philadelphia, the decision means that thousands of other litigants will likely not have to face dismissal and refiling in their home states.
Cutting Edge Litigation Support Services
January 26, 2005
A progressive court reporting agency should be considered a part of the litigation team, and strive to not only produce a perfect record, but to help attorneys get the most value from that record. As soon as attorneys are exposed to a few choice tools on the technology frontier, they are hooked. Those critical tools are based upon the Internet, video recording services, conferencing capabilities, and software developed for transcript and discovery management. Attorneys have discovered how easy these technologies are to use, and they enjoy adopting new practices to make them more efficient, more astute, and more competitive. Whether they tackle one frontier at a time, or all at once, the technology ends up being entrenched in their routines.
Case Briefs
January 24, 2005
Highlights of the latest insurance cases from around the country.
Equipment Leasing as a Current Financing Strategy for Middle Market Companies
January 03, 2005
Equipment leasing remains a viable tool for middle market companies in today's environment. The Equipment Leasing Association of America (the "ELA") estimates that of the $668 billion spent by U.S. business on productive assets in 2003, $208 billion, or 31.1%, was acquired through leasing, and for 2004 the ELA projects that leasing activity will grow to $218 billion, or 30.7 cents of every dollar American businesses will invest in equipment.
Patent Licensing in Connection with a Standard: Avoiding Antitrust Violations
January 03, 2005
Antitrust laws are designed to protect consumers' rights. The Department of Justice ("DOJ"), the Federal Trade Commission ("FTC") and private parties may take legal action against businesses that gain an unfair business advantage through the use of a monopolistic market power or other agreements that unfairly restrain trade. In other words, antitrust laws deter unfair advantages gained by businesses due to monopolistic market power.
Stop! Don't Take That Expert's Deposition
December 30, 2004
FRCP 26(a)(2)(B) governing the disclosure of expert witnesses in federal court was adopted in 1993 with the hope that "the length of the deposition of such experts should be reduced, and in many cases the report may eliminate the need for a deposition" altogether. Advisory Committee Notes, Fed. R. Civ. Pro., Rule 26, 28 U.S.C.A. (1993).
Practice Tip: Mounting an Effective Defense to Use of the 'Malfunction Theory'
December 29, 2004
For product liability practitioners, issues regarding liability historically have been won or lost in a battle of the experts. The reason: The plaintiff must show the product at issue contains a defect, which existed at the time it left the manufacturer's control, that caused the plaintiff's injury. Whether on the side of the plaintiff or the defendant, the most significant liability battle is waged over proving the existence of a defect, which usually requires reliance on expert testimony. With the increasing reliance of plaintiffs' counsel on the malfunction theory to establish product defect, the focus in some product liability cases has shifted from reliance on effective expert testimony to reliance on creative and effective lawyering.
