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

A More Secure Investment?
January 29, 2014
Clearly, the attractiveness of each investment type will vary with conditions. So, which is the better investment for the long-term investor?
A Tale of Two Asset Sales
January 28, 2014
An example in which a Chapter 7 trustee, in separating the measure of "highest price" from "best outcome," unlocked significant value for all stakeholders.
Drug & Device News
January 28, 2014
Recent news and rulings of interest.
Trade Association Liability
December 31, 2013
As with many good things however, trade associations come with a price. They have attracted the attention of the plaintiffs' bar, and have been named as defendants in a growing variety of cases including antitrust, product liability, and even false advertising.
Where, When and How Is <i>Ex Parte</i> Communication With a Physician OK?
December 31, 2013
In medical malpractice cases, treating physicians, nurses and other providers are key witnesses. They have specialized knowledge of the plaintiff and her medical conditions, and, unlike expert witnesses, they have had the opportunity to personally examine and evaluate the plaintiff. Because <i>ex parte</i> meetings and discussions with treating physicians can be so informative, they are often seen as invaluable tools for any party permitted to meet with treating physicians.
Relearning the Learned Intermediary Doctrine
December 31, 2013
In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.
Case Notes
December 31, 2013
MA Federal Court Holds 'Economic Loss Doctrine' Does Not Bar Claim for Breach of Implied Warranty
Drug & Device News
December 31, 2013
New Plan in Mesh Litigation <br>Change Would Let Generic Drug Companies Make Not-Yet Approved Label Changes<br>Trial over Billion-Dollar Molecules Yields $400,000 Verdict
Practice Tip: Medical Expenses In CA
December 31, 2013
Damages in product liability personal injury cases inevitably involve medical expenses. Depending on the nature and extent of the injury, those medical expenses can generate extraordinarily high numbers. When it comes to recovering medical expenses, the question in determining the amount of damages often turns on what number can be presented to the jury.
Quarterly State Compliance Review
December 31, 2013
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2014. It also looks at four recent decisions of interest from the Delaware courts.

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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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