Insurance Coverage for Antitrust Claims
November 05, 2004
Many insureds face claims of antitrust violations, anticompetitive conduct, unfair competition, and theft of trade secrets. Too often these businesses fail to consider that they may have a very valuable asset to protect them against the expense, and any settlements or judgments, incurred in such lawsuits ' their comprehensive or commercial general liability ("CGL") insurance policies.
Case Briefs
November 05, 2004
Highlights of the latest insurance cases from around the country.
From Cradle to Grave: Using Bankruptcy Skills to Advise Clients on New Deals
November 05, 2004
Of the many hats worn by leasing attorneys, one is of the bankruptcy practitioner. It is a skill set that usually comes into play at the end of a transaction gone bad. This two-part series outlines the case for ending this practice and having bankruptcy counsel get involved in lease deals from the outset.
Admissibility of Subsequent Remedial Measures: Bad Law Lurking in the 10th Circuit
November 05, 2004
Although not a part of every product liability case, if the product manufacturer makes "subsequent remedial measures" after the injury-causing event, a motion in limine seeking to exclude this evidence at trial is a must. There is a tremendous risk that the jury will irrationally assume that a product was defective when sold, and that the manufacturer was negligent for supplying such a product, simply because the manufacturer made changes to the product after the accident.
Case Notes
November 05, 2004
Highlights of the latest product liability cases from around the country.
Discoverability of Attorney Work Product Communications Supplied to Experts
November 05, 2004
The first part of this article discussed the split in the circuit courts on the issue of whether a party must produce all communications and materials that were supplied by the party's attorney to a testifying expert, even if these communications (oral or written) would otherwise be protected as attorney work product. The majority of federal courts have adopted a "bright-line rule" that all information shared with a testifying expert must be produced, even if it includes "core" attorney work product, namely the attorney's mental impressions, conclusions, opinions or legal theories. A minority, however, has declined to follow this bright-line rule and instead has held that providing attorney work product materials to a testifying expert does not waive the attorney work product protection. The conclusion of this series will discuss the minority view and compare the two views.
Practice Tip: Courtroom Technology in Product Trials ' Debunking the Myths
November 05, 2004
Technology has emerged as a critical trial advocacy tool in product cases. In an electronic world where information is delivered in 30-second sound bites, 1-minute commercials, and 12-minute programming segments, technology can be used to convey complex information about product design and use in the bite-sized pieces needed to connect with today's jurors.
Online: Discover Clinical Studies Online
November 05, 2004
The Web site <i>ClinicalTrials.gov</i> provides regularly updated information about federally and privately supported clinical research with human volunteers. <i>ClinicalTrials.gov</i> offers information about a trial's purpose, who may participate, locations and phone numbers for more details. You can search for clinical trials by type and location, <i>eg,</i> breast implants and New York. Do a focused search by disease, location, sponsor or treatment or browse by condition, sponsor or status. If you click on "condition" you can find out what studies are recruiting participants — with information listed either alphabetically or by disease heading. Disease headings include bacterial, digestive, immune and connective tissue. A search by funding organizations, <i>ie,</i> sponsors, turns up federal agencies such as the National Institutes of Health (NIH), Centers for Disease Control and Prevention (CDC) and the Department of Veterans Affairs, as well as 272 private corporations. The lists include trials no longer recruiting patients. If you want to restrict your search to trials of a certain status, you can find trials that are not yet recruiting, recruiting, no longer recruiting and completed.
Med Mal News
November 02, 2004
Medical malpractice issues in today's headlines
