Client Profiles Version 7.0: Case Management Solution
July 30, 2004
Our firm wanted a program that would not only organize our case files electronically, but improve workflow and allow for easy access from a desktop as well as remotely. Because of our team approach to handling cases, we also needed a product that would allow each of us to see what tasks or issues another person was handling, without having to inquire as to the status or physically look at the file.
Anatomy Of Trial Technology
July 30, 2004
In June 2004, the American Bar Association's Legal Technology Resource Center completed its annual technology survey, published in five parts. The Litigation and Courtroom Technology volume serves as a sobering background for those who crave a total technology trial. Firms are slowly embracing litigation technology, but there is still a long road to follow before the technology is ubiquitous. Courtrooms have yet to provide much technology in the way of hardware or software, citing expenses and implementation as key barriers. Many lawyers are hesitant to spend thousands, much less hundreds of thousands, of dollars on sophisticated hardware and software. So what are the courts and attorneys embracing, and what are they putting off for another day?
<i>Legislative Update</i> Federal And State Governments Turn Their Attention To Spyware And Adware
July 30, 2004
Legislative proposals to regulate spyware and adware have proliferated in Congress and in state legislatures in recent months. To date, only one state ' Utah ' has enacted legislation (enforcement of which as of mid-July had been temporarily enjoined on Constitutional grounds), but several other states and Congress may well do so before the end of the year. <br>This article describes the various legislative proposals for the regulation of spyware and adware, and their potential impact on e-commerce ' and provides a snapshot of these efforts' status as of the beginning of August.
Practice Tip: A Synopsis of Trademark Licensor Liability
July 30, 2004
A case in strict products liability is available in all states against the manufacturer of a defective product. A "manufacturer" is often defined as one who designs, produces, sells or otherwise distributes the product. Suppose, however, a company's logo is on a product that has been manufactured by someone else. Is the non-manufacturer responsible to a plaintiff and if so, under what theory? The answer depends upon the state in which you sue. Some jurisdictions hold a non-manufacturer liable as an "apparent manufacturer" if it has merely licensed its trademark. Other states require that the licensor have a "significant role" in the chain of distribution, and some states are hybrid, <i>eg</i>, they permit liability against trademark licensors but require more than just licensing the trademark. The following examples illustrate the way some states analyze this liability.
Former Government Employees as Opposing Expert Witnesses
July 30, 2004
It is increasingly common in product liability cases for a plaintiff to disclose as an expert a former employee of a government agency such as the Consumer Product Safety Commission ("CPSC") or the Food and Drug Administration ("FDA"). These witnesses frequently advertise themselves as experts in "product/drug safety" and refer to their regulatory background as their primary qualification. Frequently, however, these witnesses' responsibilities as government employees had little, if anything, to do with the subjects about which they are now testifying. Nevertheless, these witnesses are dangerous if allowed to testify to a jury, because they lend the credibility of the U.S. government to the plaintiff's case.
'Claim Splitting' in Class Actions: Should Defense Counsel Care?
July 30, 2004
Imagine that you represent a manufacturer who is being sued in a putative class action alleging that one of your client's products is defective. Although some consumers who used the product were injured as a result of the defect, the class action complaint does not make any claims for personal injury. Instead, the complaint asserts claims for economic damages only (<i>eg</i>, refunds of the purchase price of the product). Conventional wisdom would say that you should be thankful. Economic damages usually pale in comparison to personal injury damages, so if putative class counsel has chosen to forego a potentially larger verdict, so be it. Unconventional wisdom, on the other hand, would recognize that the class plaintiffs are "splitting" their claims, and claim splitting presents a number of unique issues for defense counsel.
Case Notes
July 30, 2004
Highlights of the latest product liability cases from around the country.
Online: Web Site Offers 'Quality' Services
July 30, 2004
The American Society for Quality (ASQ), <i>www.asq.org,</i> headquartered in Milwaukee, was formed Feb. 16, 1946. The purpose of the 104,000-member professional association is to create better workplaces and communities worldwide by advancing learning, quality improvement, and knowledge exchange to improve business results. ASQ makes its officers and member experts available to inform and advise Congress, government agencies, state legislatures, and other groups and individuals on quality-related topics. ASQ representatives have provided testimony on issues such as training, health care quality, education, transportation safety, quality management in the federal government, licensing for quality professionals, and more.
Case Briefs
July 30, 2004
Highlights of the latest insurance cases from around the country.
Insurance Coverage for Silica Claims
July 30, 2004
While continuing to fight the decades-old battle with asbestos, corporate policyholders increasingly are confronting another substance that plaintiffs allege can cause serious injury if inhaled: silica — a common mineral found in sand, granite and concrete, among other materials.
