Carl J Schaerf

July 21, 2021 | New Jersey Law Journal

New Jersey's new local federal rule seems intended to strike a balance, requiring a showing of good cause before chasing down records that might be compromising.

By Carl J. Schaerf and Gary N. Smith

8 minute read

January 29, 2018 | The Legal Intelligencer

Companies contracting with the federal government should be aware that significant changes are likely under the Trump administration in the manner in which the government solicits and funds contracts and the extent to which the government recognizes knowledge of risks related to the goods or services subject to such contracts. When faced with litigation involving government contracts, companies often employ the Government Contractor's Defense, which shields a contractor that has complied with reasonably precise government specifications from liability provided the contractor has warned the government of risks not otherwise known to the government.

By Carl J. Schaerf and Lee C. Schmeer

9 minute read

January 16, 2002 | New York Law Journal

I N Liriano v. Hobart Corporation , 170 F.3d 264 (2d Cir. 1999), the Second Circuit examined a manufacturer`s duty to warn, applying 19th century concepts applied by Oliver Wendell Holmes. Lorenzo v. Wirth , 170 Mass. 596, 49 N.E. 1010 (1898). Plaintiff fell into an open hole. Justice Holmes held "no liability":

By Saul Wilensky And Carl J. Schaerf

4 minute read