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Texas Lawyer

New Tort Theory Emerging

Courts are relegating failure-to-warn claims, the decades-old staple of medical products liability, to the trash bin of tort jurisprudence. But a new and more potent approach is poised to emerge: the doctrine of parallel claims. Lawyers need to know what these claims involve, where they came from, why they emerged and which courts are making the law.
5 minute read

New Jersey Law Journal

Mississippi v. Au Optronics Corp.

By | January 16, 2014
Suit by single state on behalf of itself and its citizens does not constitute a mass action under the federal Class Action Fairness Act, since Congress evidently did not intend the law's numerosity requirement to be satisfied by counting unnamed real parties in interest.
5 minute read

New York Law Journal

Innovator Liability and Brand-Name Pharmaceuticals

Kelly E. Jones, a partner at Harris Beach, discusses innovator liability, which is premised on the notion that a brand-name pharmaceutical manufacturer that allegedly produced inadequate labeling on its brand-name drug has a legal duty to warn consumers, even those who ingested the competing generic version, and how this theory has fared in the courts.
11 minute read

New York Law Journal

Gordon v. Air & Liquid Systems

Federal Contractor Defense Prevents Asbestos Exposure Lawsuit's Remand to State Court
2 minute read

The Legal Intelligencer

Are Mass Torts Turning Into Commodity Work? Not Quite

The number of mass torts filings in the United States hasn't seen a precipitous drop-off, but profit margins for the law firms defending those cases have taken a hit.
8 minute read

Corporate Counsel

Responsible Reporting of Foodborne Pathogens

Nearly 48 million people get sick from eating food each year, and 3,000 die from it. Responsible reporting can help bring those numbers down.
2 minute read

The Legal Intelligencer

Superior Court OKs Contested Roll-Over Injury Theory

The Pennsylvania Superior Court has decided to follow a federal court's example and will allow a car company to argue a controversial theory of injury during roll-over accidents that the National Highway Traffic Safety Administration disavowed in 2009.
6 minute read

Daily Business Review

Legal Team Exposes Manufacturer's Cover-Up In Chinese Drywall Case

Attorneys Victor Diaz, Jorge Lorenzo and Erik W. Scharf won a $7.125 million judgment for Jeffrey and Elisa Robin, whose upscale Coconut Grove home was built with defective Chinese drywall.
4 minute read

New York Law Journal

Suit Against City Over Door Safety Law Dismissed

A company that makes safety devices for electronically operated room partitions does not have standing to challenge New York City's compliance with safety rules under a state law requiring the devices in schools, a state appeals court decided.
2 minute read

New York Law Journal

Gaillard v. Bayer Corp.

Injury Claims Over Contrast Dye Exposure Held Time Barred Under CPLR §214-c(2)
2 minute read

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