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

Practice Tip: Constitutional Standing, Numerosity, and the Beer Drinker's Burden
July 30, 2013
Lawyers accuse Anheuser-Busch InBev , which makes Budweiser beer, of "watering down" its beer. This two-part article discusses class action requirements and how this "injury inquiry" affects several class action criteria.
'Gatekeeping' Expands in Two Jurisdictions
July 30, 2013
This article explores two noteworthy decisions from 2012 by the Supreme Courts of California and Pennsylvania that break away from the narrow <I>Frye</I> test, clearly mandate active gatekeeping responsibility for trial judges, and broaden the scope of inquiries into expert scientific testimony.
The Media
July 30, 2013
How often do we hear that "everybody sues" in the United States, and that there are "jackpot juries" handing out huge sums of money to undeserving plaintiffs? Is the media to blame for these skewed beliefs or is the media accurate in its portrayal of the tort system, especially the medical malpractice system?
Suits Against Generic Pharm Manufacturers
July 29, 2013
What a recent Supreme Court decision does is to effectively immunize pharmaceutical generics manufacturers from state tort liability when they use FDA-approved labels for their products deemed equivalent to brand-name FDA-approved drugs.
Hidden Issues in Balance Sheets
July 26, 2013
Attorneys for creditors and debtors, and bankruptcy judges, are making recommendations or decisions based on only cursory consideration of potentially misleading balance sheets.
Is California's 'Good Faith' Franchise Legislation Necessary or Meaningful?
June 26, 2013
A bill introduced in California's General Assembly and referred to that body's Judiciary Committee on June 10 could provide some increased leverage and protections to existing franchisees, but it may come at a cost to franchising as a method of expanding brands and providing opportunities.
Spoliation of Evidence in Family Matters
June 24, 2013
A look at spoliation law in New York, and what it means to family law practitioners.
Medicare's 'Never Events' Should Never Be Mentioned in Court
June 21, 2013
Med Mal practitioners are questioning whether never events, and their related payment issues, is admissible into evidence at trial. What is the current state of the law, and what issues can we anticipate will come up in the future?
Does the SEC Still Care About Financial Reporting Cases?
June 20, 2013
In recent years, the SEC has brought far fewer revenue recognition and other financial reporting cases than it had historically. That leads us naturally to wonder whether this trend will continue in the future. Not likely.
The Reach of U.S. Law over Foreign Corporations
June 10, 2013
As global commerce has expanded beyond traditional territorial bounds, the jurisdiction of the U.S. courts has undergone a similar expansion.

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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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