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Torts Law Center: Focus on Products Liability & Toxic Torts
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1/30/2008 9:02:37 AM EST
James M. Wilson, Jr.
Posted by James M. Wilson, Jr.
Partner, Chitwood Harley Harnes LLP, Atlanta, GA
In September 2006, the federal district court for the Eastern District of New ...
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10/8/2008 7:51:42 PM EST
Sky W. Smith
Posted by Sky W. Smith
Attorney, Rendigs, Fry, Kiely & Dennis L.L.P.
Kentucky is no stranger to indemnity claims, but how does a Kentucky court reconcile the conflict between the state apportionment statute and the common law principle of implied equitable indemnity? Equally important, how can one defend against such a ...
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3/17/2008 8:44:04 PM EST
Fredric D. Bellamy and Mark E. Freeze
Attorneys Frederic Bellamy and Mark Freeze of Steptoe & Johnson examine the ground-breaking TJX litigation in the U.S. District Court in Massachusetts involving the largest known data base security breach in history. The authors take particular not ...
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3/17/2008 8:26:15 PM EST
Susan M. Brazas
Posted by Susan M. Brazas
On November 29, 2007, the Illinois Supreme Court issued two opinions addressing, for the first time in many years, conflict of laws analysis. In this surprising reversal of the trial and appel ...
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9/17/2008 5:38:24 PM EST
Joseph B. McDonnell
Posted by Joseph B. McDonnell
Of Counsel, Greensfelder, Hemker & Gale, P.C.
Where a product-liability count is barred by the statute of limitations, is a second count, alleging spoliation of evidence, also barred? This commentary, written by Joseph B. McDonnell, an experienced Illinois litigator, examines considerations for th ...
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4/8/2008 6:35:59 PM EST
Margie Searcy Alford
Posted by Margie Searcy Alford
Attorney at Law
For almost twenty-nine years, Alabama law dictated that the state's two-year statute of limitations for toxic torts cases ran from the date of last exposure to toxic substances. This "last exposure rule," as set forth in Garrett v. Raythe ...
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4/15/2008 9:50:56 AM EST
Neil M. Levy
Posted by Neil M. Levy
Visiting Professor of Law, University of California at Berkeley, School of Law (Boalt Hall); Professor emeritus, Golden Gate University, School of Law
In City of Santa Barbara v. Superior Court , 41 Cal. 4th 747, 62 Cal. Rptr. 3d 527 (Cal. 2007), the ...
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3/14/2008 9:51:21 PM EST
Ronald W. Eades
Posted by Ronald W. Eades
Professor of Law, Louis D. Brandeis School of Law, University of Louisville
In Linog v. Yampolsky, 2008 S.C. LEXIS 10 (S.C. 2008), the South Carolina Supreme Court held that South Carolina does not recognize the tort of medical battery, even in situations where plaintiffs claim they did not consen ...
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9/17/2008 9:30:31 PM EST
Michael S. Levine
Posted by Michael S. Levine
Senior Associate, Hunton & Williams LLP
Michael S. Levine, a senior associate in the McLean, Virginia office of Hunton & Williams LLP, practices in the firm's insurance and reinsurance group. He discusses the recent rash of product recalls due to the presence of lead in the products, whi ...
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9/17/2008 9:22:56 PM EST
James M. Wilson, Jr.
Posted by James M. Wilson, Jr.
Partner, Chitwood Harley Harnes LLP, Atlanta, GA
In late summer and early fall of 2007, a group of law professors submitted proposals to the American Bar Association's Committee on Ethics and Professional Responsibility aimed at rectifying what they assert are commonplace improprieties inherent in ce ...
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3/17/2008 7:10:15 PM EST
Michael K. Steenson
Posted by Michael K. Steenson
Professor of Law, William Mitchell College of Law
The recall of approximately 60 million packets of pet food sold by Menu Foods, Inc. in March 2007 had staggering financial repercussions for Menu Foods and resulted in injury or death to thousands of dogs and cats. In the wake of the recall, a number o ...
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3/17/2008 8:57:00 PM EST
Hugh K. Webster
Posted by Hugh K. Webster
Partner, Webster, Chamberlain & Bean, Washington, D.C.
Hugh K. Webster, a partner in the Washington, DC law firm of Webster, Chamberlain & Bean, discusses Northern District of Ohio's recent holding in In re Welding Fume Litigation that ...
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9/17/2008 4:43:31 PM EST
Robert C. Clifford
Posted by Robert C. Clifford
Attorney
Robert C. Clifford discusses the issues raised by the California Supreme Court's decision in Wilson v. 21st Century Ins. Co., 2007 Cal. LEXIS 13314 (Cal. 2007) in this commentary. Although this case involved an insured's claim for underinsurance benefi ...
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1/11/2008 11:13:42 AM EST
Andrew J. Carboy
Posted by Andrew J. Carboy
Member, Sullivan Papain Block McGrath & Cannavo PC
The year 2007 will long be remembered as the year of the Chinese toy recall, as millions of toys from the People's Republic of China were pulled from the shelves of U.S. retailers when it was discovered the imports were co ...
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3/17/2008 9:27:47 PM EST
Robert C. Clifford
Posted by Robert C. Clifford
Attorney
Robert C. Clifford discusses the issues raised by the U.S. District Court in Storek v. Fidelity & Guaranty Insurance Underwrit ...
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