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Plans for the future.(part 2)(President's page)
January 1, 2007... In my first President's Page (October 2006 DCJ), I suggested that a correlation exists between the probability of an organization achieving its goals and the degree to which its leaders effectively communicate those goals to the membership....
Evidentiary requirements for the admission of enhanced digital photographs.
January 1, 2007... A PICTURE is worth a thousand words. Nowhere is this statement truer than in the courtroom. What trial lawyers have long known, and social science confirms, is that presentation of evidence through aural, written, and visual media substantially...
You get a line, I'll get a pole, we'll go fish'n in the plaintiff's gene pool.
January 1, 2007... THE ADVENT of genetic technology has been utilized by creative defense counsel to argue the presence of a preexisting genetic condition as a superseding or contributing cause to a plaintiff's personal injuries. On August 12, 2004, the...
Defending property owners in toxic and hazardous substances-related premises liability litigation.
January 1, 2007... PREMISES LIABILITY cases for property owners and operators have increased exponentially over the last ten years as a result of a developing trend in toxic tort litigation. While these types of cases involve a broad range of hazardous substance...
Money laundering between states: a comparison of international money laundering control mechanisms.
January 1, 2007... THE ISRAELI approach to controlling the problem of money laundering is best understood as the product of the combination of legislation and politics, both of which have undergone significant changes over the past fifty years. (1) The approach...
Liability and evidentiary issues involving prescription production recalls.
January 1, 2007... LIABILITY lawsuits often follow a prescription product recall. To establish a manufacturer's liability, the patients' attorneys will often use evidence of a recall to attempt to prove:
1. The existence of a defect;
2. The cause of the...
Fifth Circuit holds that amending complaint constitutes "commencement" of new suit creating removal jurisdiction under CAFA. (Class Action Fairness Act of 2005)
January 1, 2007... In a case of first impression, the Fifth Circuit addressed the question of whether an amendment of a complaint adding a new defendant "commences" a new suit under the language of the Class Action Fairness Act of 2005 ("CAFA"), allowing removal...
The Most Favored Nation clause: the ultimate double edged sword.
January 1, 2007... Until a few years ago, the term "Most Favored Nation" was a phrase restricted primarily to the world of international trade. However, with the upsurge in both class action and mass tort lawsuits, Most Favored Nation clauses (MFN), are...
An update on FDA preemption of state law claims.
January 1, 2007... On January 24, 2006, the United States Food & Drug Administration ("FDA") made explicit and certain what it had been saying in more focused contexts for numerous years: its regulations and final decisions concerning the labeling of prescription...