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

Litigating Complex Environmental Cases
April 26, 2013
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
Practice Tip: Protecting Your Verdict
March 29, 2013
This article focuses on some of the challenges presented by the rise of technology and social media, and describes some measures for avoiding the most prevalent forms of juror misconduct.
Journey Across the Pond
March 29, 2013
This article focuses on the conflict between U.S. and EU discovery procedures, and offers some useful and practical advice for U.S. litigants who may face uncertain territory when seeking discovery abroad.
International e-Commerce and e-Discovery
March 29, 2013
This article focuses on the conflict between U.S. and EU discovery procedures, and offers some useful and practical advice for U.S. litigants who may face uncertain territory when seeking discovery abroad.
Privilege in the Cedent-Reinsurer Relationship
March 29, 2013
Recent decisions should give cedents and reinsurers pause about how they fulfill their duties to each other, while still protecting privileged communication from counsel.
Navigating the Rule 26 Expert Disclosure Rules
March 29, 2013
Even a qualified expert with an opinion based on reliable methodology may never reach the jury if counsel fails to be mindful of the highly technical expert disclosure requirements that the federal rules require and courts enforce with little empathy. .
ROYALTY ROUNDUP Loan-Out Companies; Limitations Defense
March 29, 2013
The 2010 ruling by the U.S. Court of Appeals for the Ninth Circuit that artists can be entitled, under their pre-existing recording agreements, to half of record-label income from digital sales has triggered claims involving thousands of artists.Following are three recent developments in this litigation area.
Real Property Law
February 27, 2013
Review and analysis of major rulings.
Adverse Event Reporting for Pharmaceutical Products
February 27, 2013
The Food and Drug Administration (FDA) provides some protection to drug companies regarding adverse event reports by allowing a disclaimer statement about liability. However, this is not a blanket defense against other potential liability exposure.
Practice Tip: The Scope of Daubert in Product Liability Class Actions
February 27, 2013
If district courts must rule conclusively whether expert testimony will be admissible at trial before making a Rule 23 determination, parties may have to engage in considerable discovery before class certifications can be made.

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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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