Personal Injury, Science, Computers & Technology

Drivers Could Show Proof Of Insurance With Smartphones

by Samster, Konkel & Safran, S.C. on 5/7/2013

Society is increasingly becoming paperless as people are able to accomplish most things electronically. In Wisconsin, the State Senate recognized this trend by passing a bill that would allow drivers to show proof of their...more

New Product Liability Class Action Highlights Uncertainties in Class Proceedings

by Luiz Bihari, Craig Lockwood | Osler, Hoskin & Harcourt LLP on 4/29/2013

On April 15, 2013, the Ontario Superior Court of Justice certified a product liability class action in respect of pharmaceutical products manufactured by Bayer Inc. In so doing, the Court’s reasoning highlighted the continued...more

Advertising News & Analysis - April 18, 2013

by Ellen Traupman Berge, Jeffrey D. Knowles, Amy Ralph Mudge, Jonathan L. Pompan, Gregory J. Sater, Randal M. Shaheen | Venable LLP on 4/29/2013

In this issue: - FTC Chairwoman Addresses AAF’s Advertising on the Hill Day, Provides Broad Guidance - Bringing a Legal Challenge? Expect One in Return - NAD Says Doctor-Recommended Claims Need a Second...more

Driverless Car Technology – Legislation Slow to Keep Pace

by Ryan Bewersdorf | Foley & Lardner LLP on 4/15/2013

Major technology companies have already logged 300,000 miles on U.S. roads with self driving cars. Driverless (or automated or autonomous) vehicle technology is rapidly advancing and states are starting to enact legislation....more

Privacy & Cybersecurity Update: Flaming Worms, Stuxnets and Other Cyber Threats — The European Union’s Response

by Joshua Gruenspecht, Stuart D. Levi, Shari Piré, Pierre Servan-Schreiber | Skadden, Arps, Slate, Meagher & Flom LLP on 4/8/2013

The media is replete with reports of a botnet onslaught paralyzing Spamhaus, flaming worms usurping strategic information in the Middle East and a stuxnet super weapon wreaking physical damage to Iran’s nuclear reactors....more

Gatekeepers And Online Defamation

by Tim Banks | Dentons on 4/4/2013

The scourge of online defamation poses enforcement challenges for victims. So much so that there may be a temptation to begin looking for gatekeepers. The direction of the law appears to be ready to assist....more

Privacy Changes Coming to China

by Gabriel Bloch, Jingxiao Fang, Paul D. McKenzie, Miriam Wugmeister | Morrison & Foerster LLP on 3/28/2013

Originally published in Privacy & Security Law on 03/18/2013. There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific...more

Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.

by Christophe Difo | Mintz Levin - Employment, Labor & Benefits on 3/20/2013

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States...more

Superior Court Affirms Dismissal of Paxil Birth Defect Case Lacking Proximate Causation

by Emily Hanlon | Schnader Harrison Segal & Lewis LLP on 3/12/2013

In its March 4, 2013 non-precedential decision in Pettit v. GlaxoSmithKline, LLC, No. 850 EDA 2012, the Pennsylvania Superior Court (applying Ohio law) affirmed an order of Philadelphia Court of Common Pleas Judge Sandra...more

What Litigators Can Learn From Some of the Coolest Graphics in Construction

by Cogent Legal on 2/28/2013

The ability to make powerful, high-quality trial graphics was extremely limited by the software available in the early 1990s. I was reminded of how far we’ve come in the area of visualization and modeling when I recently had...more

Social Media Law (Part 3: Defamation)

by Field Law on 2/26/2013

The use of social means to engage in defamation is nothing new. Indeed, defamation requires the very social element of publication. Social media - Facebook pages or posts, tweets, blogs and online comments - merely make...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

by Shep Davidson | Burns & Levinson LLP on 2/22/2013

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

by Mark Spatz | Cohen & Gresser LLP on 2/7/2013

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,...more

Two Federal Cases Hold Website "Responsible" for Postings on thedirty.com

by Robert Rogers | Holland & Knight LLP on 2/1/2013

Courts in Kentucky and Maryland — in a pair of cases involving the saucy website thedirty.com — have broken new ground by suggesting that website operators can waive immunity under the Communications Decency Act (CDA) for...more

Ninth Circuit limits Medical Device Amendment preemption of post-PMA tort claims

by Gregory Wartman | Saul Ewing LLP on 1/30/2013

Medical Device Companies should be aware of a recent en banc ruling by the Court of Appeals for the Ninth Circuit that has the potential to increase litigation involving class III medical devices....more

How to Effectively Use Surveillance Video in Tort Cases

by Cogent Legal on 1/23/2013

One of the things that has changed the most since I started practicing law two decades ago is the prevalence of surveillance video in tort cases. Given its influence on litigation, it’s important for both plaintiffs and...more

Weeks Defies Years of Jurisprudence, Allowing Innovator Liability for Generic Drugs

by Erin M. Bosman, James W. Huston, Julie Y. Park | Morrison & Foerster LLP on 1/18/2013

Last week the Alabama Supreme Court adopted brand-name manufacturer liability for a generic drug sold by another company, becoming the first state supreme court to do so. Wyeth, Inc. v. Weeks, No. 1101397 (Ala. Jan. 11,...more

Business Tort Suit Brings Sanctions

by James V. Irving | Bean, Kinney & Korman, PC on 12/31/2012

Virginia’s business-friendly laws and precedents provide employers with powerful remedies and employees with effective deterrents against wrongful conduct in business affairs. As a Fairfax Circuit judge has recently...more

Website Owners: Who Is Liable For Third Party Postings On Your Website?

by Rachelle E. Hill | Bean, Kinney & Korman, PC on 12/28/2012

A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the...more

Smart Phone Technology Can Make a Difference after an Auto Accident

by Michael Barasch | Barasch McGarry Salzman & Penson PC on 12/14/2012

Although smart phone distractions can lead to collisions on the road, intelligent use of this technology can make a difference for anyone involved in an accident. Many people use their phones to capture photos at the accident...more

Hyperlinks Do Not Republish Alleged Defamatory Material

by Richard Raysman | Holland & Knight LLP on 12/5/2012

In In re Phila. Newspapers LLC, 690 F.3d 161 (3d Cir. 2012), the Third Circuit held, among other things, that linking to previously published material is not "republication" under the single publication rule....more

Employees Have a Reasonable Expectation of Privacy in Work Computers: Supreme Court of Canada

by Osler, Hoskin & Harcourt LLP on 10/23/2012

In R. v. Cole, 2012 SCC 53 (October 19, 2012), the Supreme Court of Canada held that employees may reasonably expect privacy in the information stored on their work-issued computers — at least where personal use is permitted...more

Supreme Court Grants Enhanced Access to Justice for Victims of Cyberbullies

by Bennett Jones LLP on 10/3/2012

On September 27, 2012, the Supreme Court of Canada released its decision in AB v Bragg Communications Inc., an important constitutional case at the intersection of defamation law and children’s rights. A.B., the...more

Travel Website Rankings of "Dirtiest Hotels" Based on User-Generated Content May Be Flawed, But Are Not Defamatory As a Matter of...

by Holland & Knight LLP on 9/14/2012

In Seaton v. TripAdvisor, LLC, 2012 WL 3637394 (E.D. Tenn. Aug. 22, 2012), a Tennessee district court held that an online travel ratings site that created a Top Ten Dirtiest Hotels list based upon user comments and data is...more

Why You Should Join the Growing Number of Attorneys Using iPads

by Cogent Legal on 7/30/2012

I found the comprehensive study released by the ABA on attorneys’ use of technology very interesting. Kevin O’Keefe summarized the study done by Jeff Richardson as follows: In 2012, 33% of all attorneys report using a tablet...more

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Personal Injury › Science, Computers & Technology