Business Torts › Products Liability

Bank Account Searches: Are They Permissble?

Lawyers and other professionals contact our office every day and ask whether it is permissible for an asset search company or private investigator to conduct bank, stock, bond or mutual fund account searches on a subject. The...more

Choosing the Right Asset Search Company

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Asset Search Due Diligence

“CYA” or otherwise referred to as, cover your ass, is my recommendation to those of you who are employed in the personal injury, collections, divorce or corporate due diligence professions. For to satisfy ones due diligence...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

How Interactive Timelines Build and Strengthen Opening Statements

Employment, business and personal injury cases are ideally suited for laying out the facts in chronological order to enhance jury understanding. we generally recommend attorneys start with an interactive timeline that shows...more

Tiara Condominium Association, Inc. v. Marsh & McLennan Companies

Economic Loss Rule

The Florida Supreme Court held that the Economic Loss Rule is limited to product liability cases. However, as discussed in the concurring opinion, this holding will not open up the flood gates for tort claims. Rather, the...more

Missouri Supreme Court Confirms That A Defendant Need Not Plead Its Liability To Plaintiff In A Third-Party Claim For Contribution

For more than 35 years Missouri defendants have been filing third-party claims for contribution against other potentially liable persons or entities not sued directly by the plaintiff. But for 33 of those years defendants...more

GAO reports on CPSC’s challenges in addressing product safety

The United States (US) Government Accountability Office (GAO) reported on the Consumer Product Safety Commission’s (CPSC) authority and ability to stay generally informed about new risks associated with consumer products and...more

Australia issues $1M fine for flammable children’s sleepwear

The Australian Federal Court has fined a children’s sleepwear brand $1 million in relation to its supply of unsafe children’s nightdresses and pajamas. According to Product Safety Australia, Cotton On Kids Pty Ltd supplied...more

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

US CPSC & Health Canada recall expanding toys

The United States (US) Consumer Product Safety Commission (CPSC) and Health Canada issued a joint recall of expanding toys in the US and Canada. The toys, which go by the names Water Balz, Growing Skulls, H2O Orbs...more

Legal Byte: Objecting to your own discovery responses?

Legal Byte: Objecting to your own discovery responses? Can a person, after he/she has provided responses to discovery under oath, object to his/her own responses as vague and ambiguous? ...more

Benefits of Established Company Attorney

Corporations, Limited Liability Companies (LLCs) and sole proprietorship companies are sometimes big and sometimes small. No matter the size, having an established relationship with an attorney can have significant and...more

7th Circuit Provides Much Needed Clarification of Class Action “Predominance” Requirement: Butler v. Sears

This week's article covers the landmark 7th Circuit decision Butler v. Sears that provided much needed clarification of the "predominance" requirement in class action cases....more

When Are Witness Statements Protected As Attorney Work Product?

One of the first things an attorney does when representing a client in a particular matter is interview witnesses to learn the facts of the case, or have an investigator do such on their behalf. The attorney will almost...more

Asset Search Ebook

This Ebook is a wonderful source to learn about what an asset search is and how to conduct one to satisfy your due diligence. Find out why it is critical to perform an asset search in every personal injury, divorce,...more

We've been sued! Now what? A guide to handling business litigation

By William S. Cherry, III A 2010 litigation trends survey warns, “Companies Expect More Litigation.” Federal statistics indicate that the number of employees suing employers rose 35% from 2007 to 2011. A study conducted...more

Center for Class Action Fairness Objects to Apple Adapter Settlement

WASHINGTON, Feb. 22 (LID) – The Center for Class Action Fairness has filed an objection to the proposed settlement of a class-action lawsuit against Apple Inc. over older models of its MagSafe power adapter. The 60-watt and...more

Why Agency Fraud Is Like Fraud On The FDA

In our rather terse (due to firm involvement) post on Monday concerning Merck & Co. v. Ratliff, ___ S.W.3d ___, 2012 WL 413522 (Ky. App. Feb. 10, 2012) – beating both BNA and 360 by two days, BTW – we...more

Ontario Court Refuses to Apply "Stonewall Principle"

An Ontario court recently refused to apply the American "Stonewall" principle, which would hold insurers financially responsible to pay for damages in years when insurance against the relevant risk was unavailable. This...more

Should the insurers pay?

In the light of the PIP breast implants scandal a brief summary of how business liability insurance works in the UK with reference to product liability and product recalls...more

Throw Enough Mud at the Wall and Some of it Will Stick

We could have gone with “if at first you don’t succeed, try, try again.” Or, Dory’s famous “Just keep swimming” from Disney’s Finding Nemo. But, when talking about plaintiffs, slinging mud just feels more appropriate (to...more

Media Distorts Perceptions of Personal Injury

The media help perpetuate the public's perception and misconception regarding personal injury lawsuits. If fair and balanced reporting was followed, the public would learn the vast majority of personal injury lawsuits aren't...more

Consumer Protection: The California Seller Assisted Marketing Plan Act

California's Seller Assisted Marketing Plan Act is a powerful piece of consumer protection law that affects people who are trying to start or continue home-based businesses. It is found in California Civil Code in section...more