IP News
Highlights of the latest intellectual property news and cases from around the country.
Case Notes
Highlights of the latest product liability cases from around the country.
When It's OK to Demolish the Evidence: Tactics for Destructive Examination and Testing
Destructive testing or examination of evidence in product liability cases may be a high-risk proposition. Proposing a destructive test or examination often discloses the thought processes of counsel or expert witnesses. In most cases, there probably will be only one opportunity to perform a destructive test or examination, so it must be done right the first time. The party proposing the destructive test or examination will be bound by the result, good or bad.
Practice Tip: Consider Filing a Renewed Motion for Summary Judgment
When your motions for summary judgment in product liability cases are denied, your usual reaction is probably to move on and to begin focusing your case on how to win at trial. While that is usually the best approach, that doesn't mean you necessarily have to give up on the hope of winning the case on summary judgment before trial. Orders denying summary judgment are interlocutory, and so a court has the inherent power to reconsider them and change them at any time before entry of final judgment. <i>See, e.g., Freeman v. Kohl & Vick Mach. Works, Inc.</i> 673 F. 2d 196 (7th Cir. 1982). Nothing in the rules bars a party from filing a renewed motion for summary judgment and, as described below, there are times when such a motion is called for.
Online: Check Out ANSI Web Site for Information on Standardization
One way for a manufacturer to ensure it has a proper warning on its product is to "use credible industry groups and trade associations, such as American National Standards Institute, for advice and guidance on labeling." "Manufacturers Beware: Liability When Warning Labels Are Ignored or Disobeyed," Product Liability Law & Strategy, July, 2003, Pg. 1.The Web site for the American National Standards Institute (ANSI) is <i>www.ansi.org.</i> It is a private, nonprofit organization (501(c)(3)) that administers and coordinates the U.S. voluntary standardization and conformity assessment system.
Avoiding Ambush: Tips for the Successful Preparation and Presentation of Witnesses
A successful defense against a consumer's claim that she was damaged from using a medication manufactured by one of your pharmaceutical clients may hinge significantly on the testimony provided by a research scientist, a pharmacologist, or perhaps a warnings or a marketing specialist. While these witnesses have key sources of knowledge about the product, its development, testing, labeling and/or distribution, they may also bring with them fears and inadequacies that could result in the ambush of your defense.
Implement a Compliance Plan Before It's Too Late!
In this era of heightened scrutiny of health care practices, every provider of health care services or products (<i>ie</i>, medical practices, clinical laboratories, billing companies, durable medical equipment suppliers, etc.) must implement compliance plans to educate their employees to avoid questionable billing practices before they become the subject of government criminal or civil investigations or lawsuits.
Patent News
Highlights of the latest patent news and cases from across the country.
Counterfeit Drugs: A New Source of Product Liability?
Drug counterfeiting robs pharmaceutical manufacturers of their investment in patents, trademarks, copyrights, and trade dress. It robs pharmacists and consumers of money, for worthless and sometimes dangerous products. It undermines the integrity of and consumer confidence in the American health care industry and in the government's ability to regulate it. More troubling than all these systemic evils, drug counterfeiting has the potential to allow controllable illnesses to ravage patients unchecked, to spread rather than stop disease, and to injure and kill.
