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

Practice Tip: Class Actions. Where's the Beef?
June 10, 2013
Despite the fact that product liability class action settlements are subject to judicial scrutiny to ensure substantive and procedural fairness, there is surprisingly little data available regarding how much cash relief class members actually receive post-settlement.
Contacting and Compensating a Non-Party/Former Employee Fact Witness
June 10, 2013
What is the rule for <I>ex parte</I> contact with a corporate adversary's former employee? What you need to know.
Coverage for 'Diminution in Value' in Commercial Property Insurance Policies
June 10, 2013
Cases in numerous states mandate coverage for post-repair diminution of value under automobile policies. But few mandate such coverage under commercial property policies not covering automobiles.
Relearning the Learned Intermediary Doctrine
May 30, 2013
Although the learned intermediary doctrine dictates that a drug manufacturer's duty to warn is owed to the doctor, rather than the patient, informing the doctor of the risks may not always be sufficient to guard against liability.
Practice Tip: Avoiding Federal Jurisdiction in Mass Actions
May 30, 2013
How can a plaintiff overcome the removal of a case by the forum defendant? A look at what needs to be done.
To Call or Not to Call
May 30, 2013
This article briefly examines the controversial topic of ex parte contacts, and describes how such contacts were successfully employed to obtain summary judgment in two separate cases pending within the Aredia'/Zometa' mass tort litigation.
Insurance Coverage for Cyber Attacks
May 30, 2013
Last month, Part One of this article addressed the role of traditional insurance in covering cyber risks. This second installment first continues the discussion of traditional insurance coverages and then addresses specialty "cyber" policies.
In the Courts
May 29, 2013
In-depth analysis of a recent key case.
Drug & Device News
May 28, 2013
Review of the latest news.
Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive
May 28, 2013
Alabama's Supreme Court in January rendered a potentially far-reaching decision in a case pitting a consumer against drug manufacturers. While its holding applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation:

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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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