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

Court Watch
October 02, 2014
Franchisor's Control over System Uniformity Insufficient to Show Vicarious Liability <br>Printed Names Without Signatures Satisfy Requirement That Personal Guaranty Be Signed
Court Praises Predictive Coding, Then Rejects It
October 02, 2014
in <i>Progressive Casualty Ins. v. Delaney,</i> the court sheds light on the reasons why parties have been reluctant to accept predictive coding, the need for cooperation and transparency with one's adversary, the resulting risks of this cooperation, and highlights a key debate over best practices ' whether search terms can be used to first limit the universe of documents before predictive coding is employed.
Practice Tip: Maintaining Privilege with Consultants
October 02, 2014
If you are outside counsel, once you know what legal standards apply to claims of attorney-client privilege between a company's general counsel and outside consultants, the next step is maintaining that privilege.
Failure to Diagnose
September 02, 2014
The "bread and butter" of medical malpractice litigation is the failure to diagnose a case. Failure to diagnose is also, perhaps, the most controversial type of malpractice claim. Here's why.
Avoiding FCPA Liability by Tightening Internal Controls
September 02, 2014
Tightening up internal controls and putting in place an effective compliance program are crucial for lessening or even eliminating FCPA exposure -- and subsequent huge fines. The primary elements of an effective compliance program are discussed in this article.
New Jersey Manufacturers and Punitive Damages
September 02, 2014
As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. While New Jersey courts are bound by the statute's manufacturer protections, courts located in other jurisdictions have given the law mixed levels of respect.
The Calm Before The Storm Is the Time to Consider Insurance Coverage
September 02, 2014
An overview of two common insurance-related considerations that may assist companies to maximize insurance recoveries in the wake of the next major storm event or other natural disaster.
In the News
September 02, 2014
Fed. Circ. Reverses Denial Of Motion To Stay Post-Grant Review of Covered Business Method Patent<br>Fed. Circ. Vacates Injunction and Civil Contempt Sanction after USPTO Cancels Claim At Issue<br>Fed. Circ. Finds Potential Antitrust Violations by Patent Owner in ANDA Case
Bitcoin and Technology Challenges in Criminal Law
September 02, 2014
Online technology presents numerous challenges to attorneys during litigation, while managing their firms and marketing their services, and in trying to keep up with the newest legal developments and rulings. A recent decision in a case of first impression by the U.S. District Court for the Southern District of New York highlights how online technology also presents challenges in criminal law enforcement.
Unraveling Plain Meaning, Extrinsic Evidence And the Doctrine of Contra Proferentem
September 02, 2014
As anyone involved with insurance coverage litigation knows, "<I>contra proferentem</I>" is a rule of contract interpretation that requires an ambiguous contract term to be construed against the drafter of the contract. That the doctrine is also called the "contra insurer" rule speaks to the fact that, when interpreting insurance policies, courts sometimes forget that general rules of contract construction still apply.

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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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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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