What the SAFETY Act of 2002 Means for Your Company
April 01, 2004
We all know that since 9/11, the American public has a heightened sense of anxiety about their personal safety. Our legislative body, sensing America's anxiety, created a new agency, the Department of Homeland Security ostensibly to protect us from terrorist threats. But, while doing so, Congress snuck in a compelling tort reform program. Hidden beneath the folds of the legislative verbiage creating the DHS, situated immediately before the miscellaneous provisions, lies a new program to incentivize and protect individuals and companies engaged in developing anti-terrorist technologies: the SAFETY Act of 2002. Surprisingly, the private sector, so far, has not voiced much enthusiasm for it.
New Ethical Requirements: Attorney-Client Privilege and In-House Counsel
April 01, 2004
There are several standard topics that in-house counsel have always watched carefully, such as the subtlety of ethics questions, conflicts, who is considered a client and the standard privilege issues. But times have changed, and the most vigilant may still find themselves in untenable positions. The old mantra for in-house counsel ' watch your back ' has been replaced with the question: "Whose back are you watching?" As we forge ahead, as important as it is to discern who the clients are is telling them and reminding ourselves how we maintain the privilege that is so critical to in-house attorney-client communications.
Insurance Coverage For Blast Faxes
April 01, 2004
The past few months have seen an explosion in the number of lawsuits filed under the Telephone Consumer Protection Act, a federal statute that prohibits transmittal of unsolicited advertisements by fax without first obtaining the prior express invitation or permission of the recipient. These lawsuits ' particularly when filed as class actions ' expose defendants to substantial defense costs and the potential for large liabilities. <br>These TCPA lawsuits cases are, in turn, spawning disputes between TCPA defendants and commercial general liability (CGL) insurers as to whether policyholders are entitled to a defense and/or indemnity for TCPA claims under standard-form CGL policy. This article briefly explores these insurance coverage issues. It concludes that, given recent case law, policyholders have a strong chance of recovering their defense costs and any settlements or judgments in TCPA lawsuits.
Changes in International Civil Justice Law: The Gathering Storm
March 31, 2004
Europe's approach to civil liability law and litigation is changing. As part of the European Union's (EU) move toward a common economic culture, virtually every aspect of EU civil justice law and procedure is under review. Thus far, the laws governing product safety and commercial dealings between businesses and consumers have begun tilting toward greater liability for businesses. Whether it is strict product liability, class actions, lawyer advertising, or variations on the contingent fee, many of these changes have been seen in the United States and are starting to migrate across the Atlantic.
Practice Tip: Arguing Design 'Defect' Under Strict Liability or Warranty
March 31, 2004
Defect" in product liability law has two roots: from breach of warranty actions under contract law and from negligence under tort law. In early products liability cases, courts relied upon an implied warranty to permit recovery for personal injuries arising from defective goods. However, that cause of action required privity between the seller and the injured consumer, which could not always be satisfied. This led to the development of the strict liability doctrine in tort law, where privity was not required. Strict liability in tort remedies no longer needs to rely on a contractually based breach of implied warranty to compensate injured plaintiffs.
Case Notes
March 31, 2004
Highlights of the latest product liability cases from around the country.
Considerations When Disseminating Off-Label Information
March 31, 2004
How is the dissemination of information regarding an unapproved indication for an approved drug or medical device like speeding on the highway? You might not get caught, but it can be dangerous and it might land you in court.
