Unreliable Methodologies Doom Neck Brace Experts
December 01, 2017
A U.S. Magistrate Judge in Indiana recently excluded the opinions of two experts because they did not meet the "reliability" criteria specified in Federal Rule of Evidence 702 and the famous <i>Daubert</i> decision. The rulings doomed the badly injured plaintiff's claim because summary judgment in favor of the defendant quickly followed.
Case Notes
December 01, 2017
Analysis of two key cases, one involving asbestos, the other an intrauterine birth control device.
On the Move
December 01, 2017
Who's doing what; who's going where.
The Food Safety Modernization Act
November 02, 2017
<b><i>Part One of a Two-Part Article</i></b><p>By being proactive in adopting safe food processing operations, such companies hope to protect their reputation and business from the negative publicity and possible financial disaster arising from the sale of contaminated food and non-compliance with the Food Safety Modernization Act (FSMA).
At High Court, Just One IP Case That Matters
November 02, 2017
<b><i>After Several IP-Heavy Seasons, the 2017 Term At the U.S. Supreme Court Looks to Be a Quiet One for Intellectual Property — with One Big Exception</b></i><p>The 2017 term at the U.S. Supreme Court looks to be a quiet one for intellectual property. But with one potential bang in the middle.
Drug & Device News
November 02, 2017
Because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's <i>Gunn</i> test for federal-question jurisdiction, the U.S. Disctrict Court for the Northern District of California remanded the case to state court.
New Sources of Discoverable Evidence
November 02, 2017
<b><i>Part Two of a Two-Part Article</i></b><p>Last month, the author discussed some of the technologies people are using today, such as fitness trackers and intelligent personal assistants, and the e-discovery implications they entail. Like these, automotive "Black Boxes" and drones could yield important information for those seeking evidence in a legal action.
Is Electricity a 'Good' Under Article 9?
November 02, 2017
Can a creditor obtain a security interest in electricity under UCC Article 9? It covers security interests in fixtures and personal property. Clearly, electricity is not real property or a fixture. But what kind of personal property is it?
'Healthy' Food Labeling
November 02, 2017
In 2017-2018, the food industry can expect to see fundamental change in the regulations regarding use of the word "healthy" in food packaging, and showdowns over class actions challenging food label claims.
Recognizing the Signs of Financial Distress
November 02, 2017
Diagnosing financial distress, and the ability to address the relevant issues, is a necessary role of board members and senior executives. This article examines the types of distress, how to measure it versus how the capital markets measure it, and some of the tools and solutions a company has to address the issues during times of stress.
