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Ticking time bomb.(electronic discovery)
January 1, 2001... THERE'S a ticking time bomb in one of your files. If not carefully diffused, it could blow up any chances for a successful settlement or trial in a case. The bomb is electronic discovery, one of the most potent weapons in the plaintiffs'...
Practice pointers for using the new amendments to Federal Rules. (Federal Rules of Evidence and Federal Rules of Civil Procedure)
January 1, 2001... The amendments to the Federal Evidence and Civil Procedure Rules, effective December 1, clarify expert testimony and reduce some burdens of discovery
WHEN THE Federal Rules of Civil Procedure or the Federal Rules of Evidence are amended,...
Beware of plaintiffs' new uses of old tort theories to avoid product identification.(products liability litigation)
January 1, 2001... Expanding tort theories and state fraud statutes to eliminate product identification makes for bad tort law and undermines good public policy
* Plaintiff A seeks compensation for the shooting and the permanent disability of her son, a...
What You Should Know about Direct-to-Consumer Advertising of Prescription Drugs.
January 1, 2001... While there is an assault on the applicability of the learned intermediary doctrine in DTC cases, defense counsel can employ positive positions
"Let no physician teach the people about medicines or even tell them the names of the...
Everything you needed and wanted to know about black boxed warnings.(drug product labeling)
January 1, 2001... The FDA has exclusive authority to require boxed warnings, but even if those warnings are present, courts may hold that they are inadequate
SINCE Charles Darwin first introduced the term "black box"--the way Darwin regarded the cell--into...
The Internet: how to protect yourself from the perils of cyberspace.(law firm websites)
January 1, 2001... Law firm websites are the newest marketing tool, but there are many ethical pitfalls, including advertising and multi-state practice restrictions
ENTERPRISING lawyers are navigating resourcefully through cyberspace. For instance, the...
Making social policy through courts: gun control advocates fight firearms.
January 1, 2001... Suits against firearms manufacturers distort the roles of legislatures and courts, threaten lawful industries, and ignore personal responsibility
TORT SUITS against firearms companies for non-defective products allow contingency fee...
Title VII's retaliation jurisprudence: litigation despite Faragher and Ellerth.(sexual harassment claims)
January 1, 2001... The Supreme Court's analysis of hostile work environment and an affirmative defense for employers should be used also in employer retaliation cases
WHETHER because of highly publicized incidents or small-scale awareness programs organized...
Annual Survey of Fidelity and Surety Law, 2000.(part 1)
January 1, 2001... This roundup of recent cases covers public and private construction bonds, fidelity and financial institution bonds, and sureties' remedies
I. PUBLIC CONSTRUCTION BONDS
A. Bonds under Federal Laws
1. Jurisdiction
Contracts...
Reviewing the Law Reviews.
January 1, 2001... This is a selective bibliography of current law review literature of interest to defense counsel. Main articles are identified by naming the author or authors. The designations "Note," "Comment," "Casenote," etc. are as listed in the...