Federal Civil Justice Reform in the 108th Congress: An Analysis of the Criteria for Legislative Action
October 07, 2003
Tort reform has been heavily discussed and debated over the last twenty years. Any reform will have an impact on product liability litigation. If one looks over the past two decades, three criteria suggest what initiatives might be successful for federal civil justice reform in 2003. First, there has to be a real problem; second, a clear need for federal action; and third, a fair bill that is in the interests of the public and not a mere bailout for wrongdoers.
The New Wave of Concept Search Tools
October 05, 2003
Although the concept of concept searching has been around for at least 2,000 years in philosophical circles and was first realized in the software world in the 1970s, it is making big news in today's electronic discovery and automated litigation support world. Over the past year, a series of vendors have introduced software solutions they claim can take us far beyond the results we get using tools built around searching full text or coding data using key words, strings of text and Boolean search algorithms. Whether it is through mimicking the thought processes of high-level aquatic mammals, developing libraries of semantically and geographically related words and terms or displaying documents as masses of dots within sprays of bubbles, these software programs, we are told, are the automated litigation support equivalent to Big Blue, the computerized chess champion.
Where's Your Internet Headed?
October 02, 2003
With the ever-increasing frequency of business being conducted over the Internet, the events giving rise to the potential extraterritorial application of law also have increased, drawing attention to an area of law that is anything but clearly delineated. The increased likelihood of law being applied extraterritorially means that businesses should now seriously consider where their Internet business is directed, who it is likely to be reaching and be prepared with at least some minimal knowledge regarding the laws of such jurisdictions.
CASE BRIEFS
October 02, 2003
Highlights of the latest insurance cases from around the country.
What You Need to Know About EPLI
October 02, 2003
Even one relatively simple single-plaintiff employment discrimination lawsuit may result in substantial losses, which can be devastating for small- to mid-sized employers, particularly if punitive damages are awarded. And the legal expenses of defending such a lawsuit, even if successful, may be just as costly as losing the court battle. Moreover, the number of discrimination cases remains on the rise ' sexual harassment charges alone jumped nearly 50% from 1992 to 2001.
The Seven Deadly Sins of e-Mail
October 01, 2003
We've all heard horror stories about e-mails that have become trial exhibits - blown up on giant placards or projected on a large screen in front of a jury. The earnest words your client typed in private suddenly take on unforeseen importance when, months or years later, a dispute develops and a trial is held. Like a major league pitcher who releases a hanging curveball to the reigning home-run champ, your client would probably like to "take back" an e-mail that bashes a client, admits incompetence or pitches pent-up emotions in a cathartic rage. <BR>We need not, however, simply succumb to the temptation of e-mail. e-Mail mistakes can be avoided. Clients just need to be educated on how to prevent e-mail mistakes. Although common sense can't be taught, several specific types of e-mailing behavior should be avoided. E-mailers commit what we'll call here the Seven Deadly Sins of e-Mail. While it's unlikely we'll all steer completely clear of these sins, all e-mailers should make every effort to avoid committing the Seven Deadly Sins.
An Unexpected Evidentiary Battleground: The 'Causation' Element in Consumer Protection Claims
October 01, 2003
Ordinarily, the focus in a product liability case is on the defendant-manufacturer's duty to design and manufacture a safe and useful product and to warn adequately of any risks associated with its use. But an interesting and unexpected battleground can arise from a tag-a-along consumer protection claim. Here is the scenario: Plaintiff, in an individual action, sues defendant-manufacturer for injuries allegedly sustained in connection with the use of defendant's product. Plaintiff sues under traditional product liability theories as well as under the state's consumer protection statute, which proscribes deceptive and misleading trade practices. In particular, plaintiff alleges a consumer fraud has occurred because she has been injured by a product that, she claims, had been sold in connection with deceptive sales practices; in this case, certain allegedly false or misleading advertisements.
Jury Service, Reform and Fair Trials
October 01, 2003
Product liability trials are difficult for juries. They are long. They involve highly technical subjects, the testimony of conflicting "experts," and what may or may not be scientific evidence. Jurors may be asked to consider and decide the feasibility of two or more alternative designs for a product with which they are unfamiliar.
Case Notes
October 01, 2003
Highlights of the latest Product Liability cases from around the country.
