General Business Products Liability Business Torts

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Misbranding Case Against Gerber Over “Stages” Baby Food Products Trimmed but Not Kicked Entirely

A recent case in the Northern District of California against Gerber over alleged misbranding of its “stages” baby food products demonstrates the difficulty companies face in knocking out food misbranding cases at the motion...more

SDNY Predicts California Would Adopt Bad Faith Exception to Notice-Prejudice Rule

Introduction - The U.S. District Court in the Southern District of New York recently granted, in part, a reinsurer’s motion for summary judgment on a late notice defense, but ruled the issue of whether a reinsurer was...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

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

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

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

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

10 Things You Need to Know: The New Canada Consumer Product Safety Act

The CCPSA substantially revises the existing legal scheme in Canada for "consumer products". There are important implications for those who import, manufacture and sell products in Canada. Do you have operations in...more

January '11 Newsletter, Including List of 10 Most Dangerous Children's Toys & Why It's So Tough to Pierce the Corporate Veil

If you're looking for good, free information in the areas of breach of contract, school accidents or defective products, you will want to read this Newsletter. The articles in this month's edition of the Newsletter include...more

Anticipation of Litigation: The Role of Litigation Privilege in Subrogated Claims

When an insurer steps into the shoes of its insured and commences a subrogated action against the parties who caused an insured loss, it is often desirable for the insurer to withhold the production of certain documents that...more

Bringing Locus Into Focus: A Choice-of-Law Methodology for CISG-based Concurrent Contract and Product Liability Claims

The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent...more

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