California Supreme Court's decision in the case of RUSSELL CHRISTOFF v. NESTLE USA, INC., came down on August 17, 2009. It raises a question about the applicability of the "Single Publication Rule" to labels, like labels on Coffee Jars. Up to now, the Single Publication Rule applied mainly to Newspapers, Books, Magazines and similar publications. There is no history of its applicability to labels. From a Litigation strategy standpoint, it highlights the importance of working very hard to settle a case during mediation when litigants still control the outcome. From a corporate counsel standpoint, it highlights the importance of never taking the person across the table from you lightly, to make sure that all contracts are signed, sealed and delivered and to know the legal ramifications of corporate decisionmaking before making the move.
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