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Summary. This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the .
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This article addresses some considerations for counsel in offering or defending against evidence of safety regulations. A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery which elements may never develop , yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?

Supreme Court Speaks on Discovery Sanctions. It is rare for a discovery sanction case to reach the nation's highest court. But on April 18, the U. When does a cause of action accrue for an injury caused by an implanted medical device? This is a question that usually comes up when determining whether an allegedly injured plaintiff has brought his or her lawsuit in a timely enough manner to keep the claim from being thrown out on statute of limitations grounds.

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But if the case has been settled, or tried to a verdict that is not appealed, aren't we done with this question? Not necessarily. Gun manufacturers Remington and Bushmaster have asked the Connecticut Supreme Court to throw out the case brought against them by the families of the victims of the Sandy Hook Elementary School massacre. Anti-SLAPP Legislation and the Defamation Claim Part Two of a Two-Part Article In last month's newsletter, we began discussion of a defamation claim brought against two attorneys who took to the airwaves to publicize their client's complaints against a hospital and its owner.

The defendants in that matter sought redress for what they claimed were untrue, and very unflattering, statements, but the attorneys moved for dismissal of the claims. We continue here with the court's reasons for granting the attorneys' motion. Reynolds Tobacco Co. Part One of a Two-Part Article it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff's lawyers of using non—FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys.

Every day, billions of mobile and Internet-enabled computers, smartphones, watches, drones and even coffee machines are collecting vast amounts of geolocation…. Daubert Motions Really Do Work. Class Certification. For two decades leading up to Justice Antonin Scalia's death, the U. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23 a 2 and b 3 , respectively.

Will this continue if Gorsuch is confirmed to the Court? Winning on the Road. Facing the prospect of a trial in a supposedly unfavorable venue, many defendants will agree to settle to avoid an unknown but potentially expensive and reputation-harming verdict. The authors describe what they think is a better way.

A settlement was reached on Feb. Despite the established purpose of a compensatory damage award, there are occasions when a verdict is so excessive it could only have been arrived at in an effort to punish, rather than to compensate. In those instances of a "runaway" jury award, there are two generally recognized forms of relief available to address the excessive verdict: a new trial as to damages only, or remittitur. Jeremy H. D'Amico and Michael A. Part Two of a Two-Part Article A continuation of the discussion regarding the fact that the Connecticut Supreme Court is currently considering whether the state should abandon its traditional strict product liability standard for design defect claims and replace it with section 2 b of the Restatement Third of Torts, which requires plaintiffs to prove the manufacturer's foreseeability of harm, and prove the effectiveness of a reasonable alternative design in order to recover damages for product-caused injuries.

This article provides an overview of the "reptile method," why it can be successful if not rebutted, and some ideas on how a defendant can present a more fulsome story about its good conduct, actual legal obligations and the facts to the jury. In the case of Caltagirone v.

Cohen has granted the plaintiff the right to subpoena documents concerning pharmaceuticals manufacturer Cephalon from the U. As corporations continue to reshape at a rapid rate, due diligence groundwork concerning product liability issues can be critically important.

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This article addresses how deals can be structured, and the areas that need to be explored, when evaluating a potential deal from the perspective of product liability. An update on the current regulatory landscape in the off-label promotional area and also review potential liability risks for companies to consider, and recommendations to reduce these risks.

Part One of a Two-Part Article. Despite the long-standing principle in Connecticut that product liability law is premised on strict liability, the state's Supreme Court is now considering whether it should abandon its strict product liability premise for design defect claims, and replace it with section 2 b of the Restatement Third of Torts. Last month, the author began discussion of the consequences of retaining an expert witness who errs on the stand. Should the expert be subject to lawsuit for damages?

Product Liability | Hong Kong | ICLG

The analysis concludes here. In the field of product liability law, the silo phenomenon — in which different departments of an organization decline to share information with other departments of the same organization or field — is puzzling, since there have been several examples of situations where additional regulation has resulted in additional litigation. Managing Product Liability Litigation.

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Relationship building between in-house and outside attorneys is key to managing a product liability lawsuit. Trust is the core of the relationship. The tax reform bill signed by President Trump at the end of has caused us to take a fresh look at many long-held assumptions about how to take into account income taxes in planning for the entertainment industry. At the same time, the California Supreme Court recently decided a case that has the potential to eviscerate loan-out corporations entirely. This article discusses loan-out corporations in light of these two important developments.

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Prefer an IP authenticated environment? Request a transition. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries Canada, Israel, South Africa and the USA , this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development, such as major advances in mechatronics, nanotechnology, regenerative medicine and contour crafting.

Together with an economic analysis of product liability it makes the book valuable for academics, practitioners, policy makers and all those interested in the subject. Publications in this series, edited by different members of the Group, illuminate and analyse the existing legal position on fundamental and topical issues of tort law on a national and European level, taking into account relevant theoretical and inter-disciplinary perspectives.

A key feature of each publication will be the analysis of hypothetical cases, showing clearly in practical terms where jurisdictions diverge or converge. It is envisaged that the series will culminate in the publication of an updated, revised and expanded version of the Principles of European Tort Law, building on the research and analysis contained in the earlier volumes of the series.

Quality matters. ISBN Introduction p.

Product Liability Law in Transition

PART I. Directive p. Austria p.

Czech Republic p. Denmark p. England and Wales p.

France p. Germany p. Italy p.