Will the <b><I>Tronox</I></b> Decision Help the New GM?
August 01, 2017
General Motors LLC — the New GM — is subject to a multitude of lawsuits stemming from its alleged wrongdoings and the alleged wrongdoings of its predecessor, General Motors Corp. — the Old GM. This article presents an in-depth analysis of the litigation.
Case Notes
August 01, 2017
Analysis of a case in which a prescribed drug allegedly contributed to a young man's death.
Patent Infringement
July 02, 2017
<b><i>Supreme Court Turns Back Clock</b></i><p>Although <i>TC Heartland v. Kraft Foods </i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
Managing Cyber Risks in Medical Practices
July 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>We often associate cyber-risks with financial institutions, but while the financial sector certainly does deal with cyber-risks, it is by no means the only industry facing such woes. Health care providers are also vulnerable to cyber-liability risks.
Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
U.S. Supreme Court Speaks on Discovery Sanctions
July 02, 2017
It is rare for a discovery sanction case to reach the nation's highest court. But on April 18, the U.S. Supreme Court issued its decision in<I> Goodyear Tire & Rubber Co. v. Haeger</I>, reversing a $2.7 million sanctions award that had been rendered by an Arizona district court and affirmed by a divided Ninth Circuit panel.
Forensic Accounting: When Do You Need It?
July 02, 2017
Most matrimonial attorneys have heard a client, typically the "out-spouse" in a marriage with a business interest, say, "The books are cooked," or "Personal expenses are being paid by the business," or "The accounting records are fiction." Failing to probe these issues may cost your client a lot of money when the asset division takes place, and may leave him or her dissatisfied with your representation.
Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
When does a cause of action accrue for an injury caused by an implanted medical device? This is a question that usually comes up when determining whether an allegedly injured plaintiff has brought his or her lawsuit in a timely enough manner to keep the claim from being thrown out on statute of limitations grounds. But if the case has been settled, or tried to a verdict that is not appealed, aren't we done with this question? Not necessarily.
Case Notes
July 02, 2017
Gun manufacturers Remington and Bushmaster have asked the Connecticut Supreme Court to throw out the case brought against them by the families of the victims of the 2012 Sandy Hook Elementary School massacre.