Science, Computers & Technology, Personal Injury, Civil Procedure

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

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In its March 4, 2013 non-precedential decision in Pettit v. GlaxoSmithKline, LLC, No. 850 EDA 2012, the Pennsylvania Superior Court (applying Ohio law) affirmed an order of Philadelphia Court of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

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

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

How to Identify the Anonymous Online Defamer

by Looper Reed & McGraw, P.C. on 7/23/2012

After reading part one of this series on whether legal action is the right move to respond to negative online comments as discussed in part one, you have decided you need for defamation. So, how do you figure out who to sue...more

Corporate Websites: Be careful who you’re linking with

by Morrison & Foerster LLP on 5/25/2012

The English High Court has opened up the possibility that, even if a website is not itself defamatory, if it hyperlinks to a different website which is defamatory, the operator of the originating website could still be liable...more

Legal Media and Tech Skills for Attorneys: Advice to Help You Get Hired and Improve Your Practice

by Cogent Legal on 1/12/2012

The advice I often give to recent law graduates is, in a nutshell: Get tech savvy. Develop skills in information design and presentation. Become a whiz with document management. Find your inner geek streak. At a time when...more

Peeping Landlord Attempts to Withhold Hidden Camera Evidence

by Lawyers.com on 12/9/2011

Earlier this year, two women students were eager to leave Bulgaria for the summer and visit the U.S. They went through an agency to find employment and obtain the proper work visas. Meanwhile, a cafe operator in Tampa, Fla....more

E-Discovery Failures Can Eliminate Tennessee Civil Justice Act Damage Limitations

by Hubbard & Jenkins on 10/12/2011

There are two fundamental takeaways from Tennessee’s recently enacted tort reform legislation from an e-discovery perspective. To ensure that the non-economic and punitive damage limits apply, organizations especially health...more

New Edition of Reference Manual on Scientific Evidence

by Dechert LLP on 10/5/2011

The National Research Council and Federal Judicial center last week released the new edition of the Reference Manual on Scientific Evidence. Readers of MassTortDefense know about this manual as a guide for judges searching...more

New York High Court Splits on Applicability of Communications Decency Act Section 230 to Online Forum Operator

by Proskauer - New Media & Technology on 6/30/2011

A divided New York Court of Appeals ruled on June 14, 2011, that an online forum administrator’s additions to an allegedly defamatory post by a user are protected by Section 230 of the Communications Decency Act. Shiamili v....more

Product Liability Update - April 2011

by Foley Hoag LLP on 4/26/2011

In This Issue: United States Supreme Court Holds Federal Vaccine Statute Expressly Preempts All State Law Design Defect Claims Against Vaccine Manufacturers Rather Than Only Claims Where Injury Could Not Have Been...more

Fourth Circuit Affirms CDA Immunity For Consumer Review Website

by Manatt, Phelps & Phillips, LLP on 2/26/2010

In December, citing the Communications Decency Act, 47 U.S.C. § 230 (the “CDA”), the Fourth Circuit upheld dismissal of defamation and related claims against a consumer review website featuring consumer posts regarding an...more

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Science, Computers & Technology › Personal Injury › Civil Procedure