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Supreme Court Speaks Again on Punitive Damages Image

Supreme Court Speaks Again on Punitive Damages

ALM Staff & Law Journal Newsletters &

On June 25, the U.S. Supreme Court decided <i>Exxon Shipping Co. v. Baker</i>, a ruling likely to fortify the view that an award of punitive damages should not exceed the amount of the compensatory award. To be sure, some will argue that there are, may be, or ought to be, exceptions; some will argue that the Court was only deciding federal common law in a maritime case and not the limits of state common law; and some may say there is still support for accepting punitive awards that exceed a 1:1 ratio.

Features

Uncertainties of Federal Disclosure Requirements for Employee Experts Image

Uncertainties of Federal Disclosure Requirements for Employee Experts

John Sear & Ryan McCarthy

Product liability litigation is waged through battles of the experts. Hotly contested disputes over expert testimony arise early and often, from discovery through trial and even appeal. Disputes intensify when parties use their own employees as experts because the law governing employee expert disclosure remains undeveloped.

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Index

ALM Staff & Law Journal Newsletters &

Everything contained in this issue, in an easy-to-read format.

Features

Leases or Licenses ' Does a Label Matter? Image

Leases or Licenses ' Does a Label Matter?

Lawrence A. Kobrin

Attorneys representing property owners are often requested to document arrangements for very short-term and temporary usage of property. "I don't want a lease; just a license agreement will be fine," is the frequent form of the request. Assuming that the client's request is not merely an attempt to keep the legal fees down, is such a request one that makes sense from an owner's point of view? More important, can a careful attorney respond positively?

Features

A Review of Recent Medical Monitoring Image

A Review of Recent Medical Monitoring

Vivian M. Quinn & Tracey B. Ehlers

Courts have historically been divided over several key elements with respect to what a plaintiff must prove to support a claim for medical monitoring. In this article, we review recent decisions regarding medical monitoring and assess whether there has been any consensus among the courts as to whether an actual, present physical injury is required to support a medical monitoring claim and whether class certification is appropriate for medical monitoring claims.

Features

New Foreign Drug Trial Rule Coming Image

New Foreign Drug Trial Rule Coming

Sheri Qualters

A new U.S. Food and Drug Administration final rule governing clinical trials held in foreign countries will spark painstaking legal review of pharmaceutical companies' protocols for trials.

Features

Hague Article 13b Image

Hague Article 13b

William Wright

With only 20 years of U.S. case law on the Convention, any new American case ' especially at the federal appellate level ' attracts the attention and interest of 'Hague' lawyers in this country. <i>Simcox v. Simcox</i>, handed down on Dec. 28, 2007, is no exception.

Features

Workplace Lactation Image

Workplace Lactation

John D. Shyer & Allison M. Herron

This article includes discussion of the various approaches that jurisdictions have taken when providing legal protections for breastfeeding employees and establishing legal requirements for employers.

Features

A Primer on EEOC Guidelines on Caregivers Image

A Primer on EEOC Guidelines on Caregivers

Stacey McKee Knight & Marjorie L. Wilkinson

Employers need an attack plan and must begin to think creatively to address every situation that arises in the workplace to protect themselves from increasingly popular FRD claims. Here's how.

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News Briefs

ALM Staff & Law Journal Newsletters &

The latest news from the franchising world.

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