Case Briefs
May 02, 2014
In-depth analysis of key rulings.
When Med Mal and Mass Tort Claims Overlap
May 02, 2014
Medical malpractice litigation is often complex, in-depth, and issue-heavy. Mass tort litigation is the same. What happens when those two areas of practice converge during the course of a case?
The Ever Shifting Landscape in Prescription Drug Design Defect Litigation
May 02, 2014
Aside from preemption, it is quite possible that no legal doctrine has caused more angst to both sides of the pharmaceutical product liability bar, and in turn, the courts, than the interplay of negligence versus strict liability and the viability of a design defect claim against manufacturers of FDA-approved prescription drugs.
Making the Judge Happy in a Matrimonial Trial
May 02, 2014
Making the judge happy will help you be more effective at trial. If you follow the rules and procedures, and help the trial run smoothly, the judge may listen to you better and credit your argument.
How Privileged Are Your Privileged Communications?
April 02, 2014
Corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of "good cause" under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.
Drug & Device News
April 02, 2014
Bellwether Trial Opening in Vaginal Mesh MDL <br>NuvaRing Settlement in the Works
Domino's Challenges Joint Employer Liability for Franchisors
April 02, 2014
After more than three years of litigation, delivery workers for four Domino's pizza restaurants in Manhattan are receiving payments for unpaid wages. The payments of nearly $1.3 million began in January and are divided among approximately 60 delivery workers. While rare, the case applied well-settled principles of joint employment under wage and hour law to bring in the franchisor.
SESAC Faces Narrower Claim For Anti-Trust
April 02, 2014
The U.S. District Court for the Southern District of New York refused to throw out part of an antitrust class action brought by television station owners against SESAC, the music licensing organization that represents about 20,000 composers. The ruling came just three months after a magistrate judge in Pennsylvania ruled that radio broadcasters are likely to prevail on similar claims against SESAC.
New Jersey Manufacturers and Punitive Damages
April 02, 2014
As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) (PLA), N.J. Stat. ' 2A:58C-5 (c) (2013), prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. The statute, which in an earlier form was enacted in 2008, provides, in pertinent part:
Cases Involving a Party Who Is a Minor
March 31, 2014
Failure to follow the requisite steps may result in the nullification of actions taken in product liability litigation on behalf of the minor.
