Products Liability Professional Malpractice Civil Procedure

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Drop-down Menus: The Pitfalls of Electronic Medical Records, Part II

In an earlier blog post, I discussed the importance of time stamps and signatures in electronic medical records (EMRs). A potential pitfall in using EMRs is the prevalence of drop-down menus....more

Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner...more

Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more

Wrongful Death

UPDATED THROUGH SEPTEMBER 4, 2012 Product Liability – Tobacco. In an action by individual class member, did the trial court err in application of finding reached by jury and affirmed by Florida Supreme Court in class...more

Glorvigen v. Cirrus Design Corp.: Duty to Warn Does Not Require Duty to Train Users

In a recent ruling, the Minnesota Supreme Court held that, under Minnesota negligence law, manufacturers and suppliers have a duty to warn foreseeable users of dangers inherent in the product, and that this duty includes a...more

Weekly Law Resume - June 7, 2012: Defendant in a Personal Injury Action Must Prove Each of the Elements of a Claim for Medical...

Katerina Chakalis v. Elevator Solutions, Inc., et al. Court of Appeal, Second District (May 18, 2012) In Wylson v. Rittl (2003) 105 Cal.App.4th 361, the court held that a non-party medical doctor cannot be found...more

We're Jealous

Plaintiff, suffering from pain and nausea, goes to the hospital and is administered an injection of promethazine HCL (otherwise known as Phenergan). The injection was accidentally put in plaintiff's artery instead of her...more

Plaintiffs Strike Out Seeking Remand

We love it when plaintiffs make our job easy – and when plaintiff’s counsel is both clueless and obnoxious – well, that’s cause to celebrate in and of itself. When the case is also another decision from the Southern District...more

Perception is Reality

Perception is Reality for legal teams. Capitalizing on a diverse legal team is important in the Twenty-first century. ...more

While Plaintiff Slept, Learned Intermediary Got a Re-affirming Wake Up

For my first venture in blogging, I bring you a sweet learned intermediary victory made all the sweeter by the opposition’s falling asleep at the switch – Dykes v. Johnson & Johnson, 2011 U.S. Dist. LEXIS 55138 (E.D. La. May...more

Reasonable Expectation of Confidentiality is the "Dispositive Question" for Determining the Existence of Work-Product Protection

The absence of a reasonable expectation of confidentiality in the content of an independent witness’ signed or recorded verbatim statement precludes a finding of work-product protection. That is what Petitioner Debra Coito’s...more

Sharpening Your Oral-Argument Skills

Preparing to argue before the Court of Appeal? Oral argument usually strikes fear in the hearts of many attorneys, especially those who rarely handle appeals or appear before an appellate court. This article contains some...more

2008 Bench Bar Conference Civil Litigation Update

This compilation of the important cases, rule changes, and trends in Pennsylvania civil litigation law in 2008 was created by Attorney Daniel E. Cummins of the Scranton, Pennsylvania law firm of Foley, Cognetti, Comerford,...more

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