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

The Common Interest Doctrine and the Investigation of First-Party Claims
June 02, 2014
It is essential for parties to be able to determine whether or not communication will be protected from disclosure by the attorney-client privilege or the work-product doctrine. As the Supreme Court observed, "an uncertain privilege ' is little better than no privilege at all."
Drug & Device News
May 02, 2014
News items of interest to you and your practice.
Electronic Health Records
May 02, 2014
While EHRs are here to stay, what are the benefits and risks? Do they create more or less legal liability for medical providers?
In the Courts
May 02, 2014
Analysis of key rulings.
War College Curriculum for Defense Counsel
May 02, 2014
If your company or client is the target of such a frivolous claim, there is a growing body of law that offers effective offensive strategies.
Case Briefs
May 02, 2014
In-depth analysis of key rulings.
When Med Mal and Mass Tort Claims Overlap
May 02, 2014
Medical malpractice litigation is often complex, in-depth, and issue-heavy. Mass tort litigation is the same. What happens when those two areas of practice converge during the course of a case?
The Ever Shifting Landscape in Prescription Drug Design Defect Litigation
May 02, 2014
Aside from preemption, it is quite possible that no legal doctrine has caused more angst to both sides of the pharmaceutical product liability bar, and in turn, the courts, than the interplay of negligence versus strict liability and the viability of a design defect claim against manufacturers of FDA-approved prescription drugs.
Making the Judge Happy in a Matrimonial Trial
May 02, 2014
Making the judge happy will help you be more effective at trial. If you follow the rules and procedures, and help the trial run smoothly, the judge may listen to you better and credit your argument.
How Privileged Are Your Privileged Communications?
April 02, 2014
Corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of "good cause" under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.

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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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