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We found 2,772 results for "Product Liability Law & Strategy"...

Defamation and the Disgruntled Defendant
June 02, 2017
<b><I>Anti-SLAPP Legislation and the Defamation Claim</I></b><p><b><I>Part Two of a Two-Part Article</I></b><p>In last month's newsletter, we began discussion of a defamation claim brought against two attorneys who took to the airwaves to publicize their client's complaints against a hospital and its owner. The defendants in that matter sought redress for what they claimed were untrue, and very unflattering, statements, but the attorneys moved for dismissal of the claims. We continue here with the court's reasons for granting the attorneys' motion.
Healthcare Bankruptcy: Not Garden-Variety
June 02, 2017
For the remainder of 2017, due in part to the current uncertainty in the healthcare industry and its legislative oversight, more financially distressed providers are considering Chapter 11 bankruptcy to effectuate closures, consolidation, restructurings and related transactions.
Finding the Right Outside Counsel for Your Firm
June 02, 2017
In today's challenging, competitive business environment, finding qualified outside counsel with the right fee structures is a top priority for corporate counsel. This article outlines some practical guidance to help corporate counsel achieve this goal.
Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers
June 02, 2017
The Fourth Circuit Court of Appeals is gearing up to hear argument in <i>BMG Rights Management v. Cox Communications</i>, one of the first attempts by the music industry to hold an ISP liable for unauthorized peer-to-peer file sharing by its subscribers.
General Personal Jurisdiction in Aviation Cases After <i>Daimler</i>
June 02, 2017
<I>Daimler's</I> impact is seen in a growing number of decisions where courts have dismissed actions because they found that the corporate defendants' business connections to the jurisdictions were not sufficient to justify general jurisdiction.
Do <b><I>Daubert</I></b> Motions Really Work?
June 02, 2017
<b><I>Part One of a Three-Part Article</I></b><p>More than 20 years into the Daubert era, a surprising number of litigators still have doubts and disagreements about the effectiveness of motions <I>in limine</I> challenging the admissibility of federal court opinion testimony under Federal Rules of Evidence (FRE) 702. Among the concerns commonly expressed by the trial bar is the perception that so-called <I>Daubert</I> motions are a long shot at best, often not worth the time and effort.
Case Notes
June 02, 2017
On April 6, Florida's Supreme Court announced that a lawsuit against R.J. Reynolds Tobacco Co. may go forward, rejecting the cigarette manufacturer's argument that federal preemption foreclosed the right of an injured smoker and his representatives to bring state-law tort claims against it for marketing cigarettes.
Looking to Expand Into Mass Torts?
May 02, 2017
Mass torts are a strong way for trial lawyers to check Big Pharma's unfettered safety violations. However, it is not a practice area without dangers; and like so many other dangers, they are often hidden.
Defamation and the Disgruntled Defendant
May 02, 2017
<b><I>Part One of a Two-Part Article </I></b><p>it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff's lawyers of using non–FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys.
<b><i>Daubert</i></b> Motions Really Do Work
May 02, 2017
<Part Two of a Two-Part Article</I></b>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes with four more.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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