Commercial Law & Contracts | JD Supra Legal News, Updates, Analysis, & Information

Do You Have Coverage for Product Contamination Under Your Property Policy?

by Lowenstein Sandler PC on 5/22/2012

The decision in PBM Nutritionals v. Lexington Insurance Company, No. 110669 (Va. Cir. Ct., April 20, 2012), highlights the hurdles a company must overcome when trying to obtain insurance coverage for a first-party loss...more

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

by Manning Fulton & Skinner, P.A. on 5/18/2012

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

Innovation Can Eliminate Dependence on the PTC

by Philip Totaro on 5/14/2012

What if technology existed for renewable energy which negated the need for the production tax credit (PTC)? What if this technology existed, but wasn’t being introduced to the market? Through our groundbreaking...more

A Double Dose of Preemption

by Dechert LLP on 5/9/2012

In medical device cases, preemption will hunt you down. In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by...more

More Thoughts On Bartlett

by Dechert LLP on 5/7/2012

Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple...more

ALEC Leads the Legal War Against Consumers

by Lawyers.com on 5/7/2012

Meet ALEC — the nickname for the American Legislation Exchange Council — that has recently come to light as a cozy meeting place where Big Business is accused of “ghostwriting” its wish list of laws that state legislators...more

Asset Sales in Bankruptcy: An Important Decision

by Patterson Belknap Webb & Tyler LLP on 5/1/2012

U.S. bankruptcy law permits debtors-in-possession and trustees to sell assets free and clear of claims, liens and other interests. But a federal judge in New York ruled recently that a purchaser does not necessarily buy free...more

A 100% Naturally Bad Preemption Decision

by Dechert LLP on 4/25/2012

Sometimes a decision bounces around a bit before it lands on our plates. But when we finally spot it and read it, we realize it might be worth a quick chew. It may be a tasty little tidbit like a particularly good Twiqbal...more

Product Liability Update -- April 2012

by Foley Hoag LLP on 4/19/2012

In This Issue: *United States Supreme Court Holds Federal Locomotive Inspection Act Preempts Entire Field of Regulating Locomotive Equipment, Including State Law Claims Alleging Defective Design or Failure to Warn Based...more

The Long Tail of Construction Defect Liability: When Does It End?

by Snell & Wilmer L.L.P. on 4/17/2012

Originally published in Colorado Construction & Design Magazine. (2012). Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than...more

“But Officer, The Car Drives Itself…Make the Ticket Out to Ford…”

by Demas Law Group on 4/12/2012

In the wake of Google’s launch of self-contained computerized vehicles, California State Senator Alex Padilla recently introduced legislation regarding the automated vehicles similar to Nevada’s preexisting laws. Nevada,...more

New York State Court Refuses to Enforce Website’s Forum Selection Clause

by BuckleySandler LLP on 4/11/2012

On March 20, New York’s District Court of Nassau County refused to enforce a forum selection clause because the defendant did not make an affirmative effort to reasonably communicate that key term to the other party or...more

Ninth Circuit Holds Plaintiff in Consumer Class Action Must Allege Plausible Nexus Between Alleged Product Defect and Safety...

by Sedgwick LLP on 4/4/2012

Consumer fraud class actions seeking damages for allegedly defective products that, for one reason or another, have not satisfied the purchasers' expectations have become as commonplace as traffic gridlock in Los Angeles. ...more

Australia Expands Warranty Protection for Consumers

by Dinsmore & Shohl LLP on 3/27/2012

Exporting to Australia just got a little trickier for consumer product and service providers. The Australian Consumer Law (the “Act”) was recently amended to expand the warranty protections afforded to consumers. These...more

Missouri Court Holds That Economic Loss Doctrine Bars Plaintiff's Tort Claims

by Katten Muchin Rosenman LLP on 3/20/2012

A Missouri district court recently ruled that a negligent misrepresentation claim was barred by the economic loss doctrine in a case involving a merchant-to-merchant sale of allegedly defective products. The plaintiff,...more

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Commercial Law & Contracts – May 23, 2012

Narrowed by: Products Liability