December 12, 2023 | New Jersey Law Journal
Debate Over Third-Party Presence and Recording Devices at Defense Medical ExaminationsIn product liability and other personal injury cases where the plaintiff's physical or mental condition is at issue, the defense typically seeks to have the plaintiff examined by a defense medical expert in order to evaluate plaintiff's alleged injuries.
By Beth S. Rose, Vincent Lodato and Erin E. Barrett
8 minute read
December 12, 2019 | New Jersey Law Journal
Discovery of Litigation Funding in NJ Mass Tort Litigation: Charting a CourseWith the increasing costs of mass tort litigation, and the expanding role of third-party litigation funders, familiarity with judicial decisions addressing the discoverability of litigation funding is particularly important.
By Vincent Lodato
7 minute read
April 12, 2019 | New Jersey Law Journal
Third Circuit Resolves Tension Between Snap Removals and the Forum Defendant RuleFor the time being, corporate defendants that reside in New Jersey may avail themselves of snap removals to remove state court matters to federal court.
By Beth S. Rose and Vincent Lodato
8 minute read
January 17, 2012 | Texas Lawyer
Reducing the Impact of the Internet On Product-Liability Jury TrialsAccording to the Pew Internet and American Life Project, more than half of all American adults report using online social networks, and almost 40 percent of American adults who own mobile phones use their devices to access the Internet. Considering the extent to which technology has permeated all aspects of our daily lives, it is no surprise that the Internet and social media have the potential to impact product liability jury trials as well.
By Beth S. Rose and Vincent Lodato
8 minute read
December 07, 2011 | New Jersey Law Journal
Reducing the Impact of the Internet On Product-Liability Jury TrialsPractical strategies for attorneys litigating complex matters.
By Beth S. Rose and Vincent Lodato
8 minute read
December 14, 2012 | New Jersey Law Journal
Can Design-Defect Claims Against Generic Pharma Survive?One of the more interesting causes of action that plaintiffs are now asserting against generic pharmaceutical manufacturers is a design-defect claim. The manufacturers argue that the same principles that preclude failure-to-warn claims, under the U.S. Supreme Court decision in Pliva v. Mensing, also pre-empt design-defect claims.
By Beth S. Rose and Vincent Lodato
7 minute read
December 08, 2009 | New Jersey Law Journal
Parallel Claims: Exact Contours Will Continue to Be LitigatedTrial courts, mostly in the federal arena, have had to determine what constitutes a permissible parallel claim. Although this area of law is still evolving, the validity of certain types of parallel claims has been addressed, and some practical guidance can be drawn from these cases.
By Beth S. Rose and Vincent Lodato
7 minute read
November 17, 2010 | New Jersey Law Journal
Product Liability Actions and The Consumer Fraud Act: Living Together in DisharmonyWhen the plaintiff's injury is alleged to have been caused by a defect in the product, or in its warnings, the courts are more likely to find that the CFA is subsumed by the PLA. Where the claim is based, in whole or in part, on allegations that the defendant made affirmative misrepresentations in advertisements or other promotional efforts, however, the courts seem more receptive to allowing plaintiffs to maintain their CFA claims.
By Beth S. Rose and Vincent Lodato
8 minute read
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