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

<i>He, Cuevas,</i> and the Law of Remittitur in New Jersey
March 01, 2017
Despite the established purpose of a compensatory damage award, there are occasions when a verdict is so excessive it could only have been arrived at in an effort to punish, rather than to compensate. In those instances of a "runaway" jury award, there are two generally recognized forms of relief available to address the excessive verdict: a new trial as to damages only, or remittitur.
Will the CT Supreme Court Reinvent Design Defect Law?
March 01, 2017
<b><i>Part Two of a Two-Part Article</b></i><br>A continuation of the discussion regarding the fact that the Connecticut Supreme Court is currently considering whether the state should abandon its traditional strict product liability standard for design defect claims and replace it with section 2(b) of the Restatement (Third) of Torts, which requires plaintiffs to prove the manufacturer's foreseeability of harm, and prove the effectiveness of a reasonable alternative design in order to recover damages for product-caused injuries.
Snakes in the Jury Box: The 'Reptile Method' and How To Defeat It
March 01, 2017
This article provides an overview of the "reptile method," why it can be successful if not rebutted, and some ideas on how a defendant can present a more fulsome story about its good conduct, actual legal obligations and the facts to the jury.
Case Notes
March 01, 2017
In the case of <i>Caltagirone v. Cephalon</i>, Philadelphia Court of Common Pleas Judge Denis P. Cohen has granted the plaintiff the right to subpoena documents concerning pharmaceuticals manufacturer Cephalon from the U.S. Attorney's Office for the Eastern Dirstrict of Pennsylvania. Here's an analysis of the ruling.
Alabama High Court Wrongful Death Decision Sets Stage for Increased Provider Risk
March 01, 2017
A look at a recent case decided in the Supreme Court of Alabama that concerns questions of the personhood of a nonviable fetus for purposes of a wrongful death action.
Expert Witnesses: Observing the Limits of Expertise
March 01, 2017
Life-altering opinions are also being offered by file reviewers (work product reviewers), some of whom seem to be oblivious to, or unconcerned about, the inherent limitations of a file reviewer's data.
Cybersecurity Insurance<br><b><i><font="-1">Untangling the Mystery</b></i></font>
March 01, 2017
High-profile breaches have encouraged many businesses to proactively assess their cyber liabilities, and implement prevention and response plans. Fortunately, there are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Untangling the Mystery of Cybersecurity Insurance
February 01, 2017
There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Vaccine Injuries and the Statute of Limitations
February 01, 2017
It is imperative for all attorneys to understand that there is an available recourse for those injured by certain vaccines. Attorneys also need to make themselves aware of the applicable statute of limitations for these causes of action because assumptions about a "discovery rule" or minor's tolling statute can expose a lawyer to a legal malpractice suit.
Untangling the Mystery of Cybersecurity Insurance
February 01, 2017
There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.

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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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