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Very little authority for now, but maybe not for long
- Vorys Sater Seymour and Pease LLP
- -
- USA
- -
- March 22 2013
Two yellow pads are full of notes, diagrams, thoughts and arguments and still the answer eludes me. So, rather than continue not to post anything
Supreme Court denies expert witness’s personal request to review exclusion of testimony
- Alston & Bird LLP
- -
- USA
- -
- March 22 2013
On March 18, 2013, the United States Supreme Court declined to review the case of an expert witness who was personally seeking to challenge the
Scientific studies and current law surrounding the possible carcinogenic effects of cell phone radiation
- Wilson Elser
- -
- Italy, USA
- -
- December 12 2012
While studies have generally concluded that current evidence does not support any causal link between cell phone radiofrequency emissions and brain tumors or other cancers, it is wise to heed the recommendations of the various studies to date and monitor developments in scientific research in preparation for possible future claims
Second Circuit Court of Appeals issues blow against off-label promotion enforcement
- Dechert LLP
- -
- USA
- -
- December 3 2012
In a split decision today, a panel of the Second Circuit Court of Appeals overturned - on First Amendment grounds - the criminal conviction of a pharmaceutical sales representative who had promoted Jazz Pharmaceutical’s Xyrem for off-label use
Federal court versus state court: which restatement of the law of torts applies in Pennsylvania?
- Blank Rome LLP
- -
- USA
- -
- November 5 2012
The Third Circuit Court of Appeals has once again affirmed that federal courts sitting in diversity and applying Pennsylvania law to product liability cases should look to Sections 1 and 2 of the Restatement (Third) of Torts, not the standards set forth in Section 402A of the Restatement (Second) of Torts
When does a shirt becomes a service in a personal injury lawsuit?
- Shook Hardy & Bacon LLP
- -
- USA
- -
- October 25 2012
A federal court in Indiana has determined that a reasonable jury could find that the relationship between an injured plaintiff and the company that supplied the shirt he was wearing while employed as a welderplasma torch operator “was predominantly for the sale of a service”; thus the court allowed the plaintiff’s negligence claim to proceed while granting the defendant’s motion for summary judgment on claims of product defect
Wow, there sure are some colourful cases on the District Court docket in Houston
- Borden Ladner Gervais LLP
- -
- USA
- -
- October 17 2012
First, Bridgeman v United Continental Holdings Inc (2012-49093, filed 12 August 2012), in which Christopher Bridgman and Martin Borger seek damages from Continental Airlines for an incident that occurred when they returned from a vacation in Costa Rica
Another personal injury class action goes down in flames
- Dechert LLP
- -
- USA
- -
- July 2 2012
The thing about personal injury claims is that they’re personal
Court again dismisses claim against "non-conventional" alcohol beverage
- Shook Hardy & Bacon LLP
- -
- USA
- -
- June 5 2012
We posted last year about the dismissal of a motorcycle passenger's claim against the maker of a caffeinated alcoholic drink, seeking to hold the company liable for her crash-related injuries
Lower courts grapple with meaning of Nicastro (Part II)
- Dechert LLP
- -
- Canada, USA
- -
- November 14 2011
Last post we talked about a federal district court attempting to apply the Supreme Court's decision in J.McIntyre Machinery Ltd. v. Nicastro
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