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Articles
A Knock at the Door California Lawyer June 2013
Saga Of The Spit Burger And Wash.’s Product Liability Act Law360 May 2013
A "George Costanza" Approach to Asbestos Trust Disclosure Bloomberg BNA’s Product Safety & Liability Reporter May 2013
Appealing Matters Trial Advocate Quarterly, Spring Issue 2013 May 2013
Divisibility and Apportionment Under CERCLA in 2013—More Fiction Than Fact Bloomberg/BNA Daily Environmental Report May 2013
Tweeting from the Jury Box: Social Media’s Evolving Impact on Litigation 52 Annual Meeting of Invited Attorneys May 2013
FDA’s Medical Device “Enhancement” Reporting Has Potential Product Liability Implications Medical Device Law Update April 2013
An “App” a Day Will NOT Keep the FDA Away: The Rise of Mobile Medical Applications Medical Device Law Update April 2013
I Wanna Go Fast! Expedited Actions Under the New Texas Rules of Civil Procedure Medical Device Law Update April 2013
Fact or Fiction: Apportionment and Divisibility Under CERCLA Daily Journal April 2013
California’s New “Safer Consumer Products” Law – Prop. 65 on Steroids Prop. 65 Update April 2013
Burning Questions: Furniture and Baby Supply Industries Hit With Prop. 65 Notices for Newly Banned Flame Retardant TDCPP Prop. 65 Update April 2013
No April Fools: U.S. Supreme Court Suggests That the Lower Courts Stop Joking Around With Class Action Certification Product Liability Advisory April 2013
I Wanna Go Fast! Expedited Actions Under the New Texas Rules of Civil Procedure Product Liability Advisory April 2013
Upholding CAFA’S Intended Purpose Product Liability Advisory April 2013
Maryland’s Highest Court Clarifies Toxic Tort Standards and Reverses a Punitive Damage Award in Excess of $1 Billion Toxic and Hazardous Substances Litigation Committee Newsletter April 2013
Maryland’s Highest Court Clarifies Toxic Tort Standards and Reverses a Punitive Damage Award in Excess of $1 Billion Toxic Tort and Environmental Law Update March 2013
Personal Jurisdiction by Way of Agency: What Is Required? Toxic Tort and Environmental Law Update March 2013
Supreme Court Unanimously Holds Plaintiffs Can't Stipulate Around CAFA Appellate Strategist Blog March 2013
A Busy Day of Civil Arguments at the Illinois Supreme Court Appellate Strategist Blog March 2013
It’s a Whopper of a Case: Washington Supreme Court “Supersizes” Product Liability Statute Product Liability Advisory March 2013
Kentucky Attorney General’s Parens Patriae Suit Against Oxycontin Manufacturer Is Not a “Class Action” Under CAFA Toxic Tort and Environmental Law Update March 2013
California Supreme Court Decision Closes the Door to California Lawsuits Against Dissolved Foreign Corporations Product Liability Advisory March 2013
California Supreme Court Holds Survival Statute Does Not Apply to Out-Of-State Corporations Toxic Tort and Environmental Law Update March 2013
States Moving Forward With Chemical Reporting Laws, Creating Confusion for Businesses Toxic Tort and Environmental Law Update March 2013
Environmental Groups Claim Further Environmental Review Needed to Address Fracking Impacts Toxic Tort and Environmental Law Update March 2013
Texas Supreme Court Issues Controversial New Rules for Mandatory Expedited Resolution of ‘Small’ Cases ABA TIPS Products Liability Committee Newsletter February 2013
Iskanian v. CLE Transportation: Will California Fall In Line On Class-Wide Arbitration Waivers? Legal Opinion Letter February 2013
Green Lawsuits: Fertile Soil or Barren Ground?" Dallas Bar Association Headnotes February 2013
Primary Assumption of the Risk – 20 Years Later, Nalwa Confirms the Vitality and Breadth of Knight Product Liability Advisory January 2013
The Unheard Tree: The Struggle Over Unmanifested Defects in Consumer Class Actions Product Liability Advisory January 2013
States Moving Forward With Chemical Reporting Laws, Creating Confusion for Businesses Product Liability Advisory January 2013
The Kilbride Court After 2 Years: Pragmatic And Collegial Law360 January 2013
The Illinois Supreme Court 2012: Year in Review Law360 January 2013
Supreme Court to Consider 'Mailbox Rule' WorkCompCentral January 2013
New Ohio Asbestos Legislation Is A Step In The Right Direction…But There Is A Long Road Ahead Toxic Tort and Environmental Law Update January 2013
New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under the Spill Act Toxic Tort and Environmental Law Update January 2013
Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s Failure to Conduct Daubert Hearing Toxic Tort and Environmental Law Update January 2013
Plaintiffs Bear the Burden of Establishing Causation by Competent Expert Testimony in C6 Exposure Claims Toxic Tort and Environmental Law Update January 2013
FDA and Industry Form “Consortium” to Improve Device Approval Process Medical Device Law Update December 2012
Product Manufacturers and the Importance of Understanding Personal and Advertising Injury Coverage and Applicable Exclusions Product Liability Advisory December 2012
“A State of Profound Uncertainty”: The Crisis in Pennsylvania Product Liability Law Product Liability Advisory December 2012
10th Circuit Reaffirms the Importance of Similarity in Testing Methodology for Withstanding a Daubert Challenge Product Liability Advisory December 2012
Green Chemistry’ Chemical Reporting Laws and Incur Confusion, Potentially Significant Costs in Their Wake Bloomberg BNA Toxics Law Reporter December 2012
Daubert: Coming to a Court Near You? The Daily Journal December 2012
Acosta V. Shell: An Expert's Study May Be Irrelevant Law360 December 2012
Successor Liability and Current Trends Westlaw Journal Asbestos March 2013
Expanding Liability for Ineffective Product Recalls Generic Drug Law Update November 2012
New Bill Seeks to Expand Manufacturers Post-Sale Pharmacovigilance Duties Generic Drug Law Update November 2012
An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is Really Just a Warning Generic Drug Law Update November 2012
OSHA's "Willful Violation" Finding Not Dispositive of Whether Employer Committed an Intentional Wrong Product Liability Advisory October 2012
Florida Appellate Court: "We Help [Only] Those Who Help Themselves" on Juror Concealment Product Liability Advisory October 2012
FOOD WARS -- California Proposition 37 Sponsors Ask Voters to Approve a Food Labeling "Right to Know" Law with "Bounty Hunter" Provisions Product Liability Advisory October 2012
In Support Of Learned Intermediary Doctrine Law360 October 2012
Ninth Circuit Upholds Dismissal of a Public Nuisance Lawsuit Toxic Tort and Environmental Law Update October 2012
Court of Appeal Enforces Contract Clause Limiting Tort Liability Toxic Tort and Environmental Law Update October 2012
Macias May Mean More Liability For Wash. Manufacturers Law360 October 2012
Expert’s Epidemiologic Study Comparing Populations Was Insufficient to Establish General Causation for Toxic Tort Claims Toxic Tort and Environmental Law Update October 2012
FDA Studies Consumers' Understanding of Prescription Drug Direct Advertising and Composite Efficacy Score Pharmaceutical Law Update October 2012
Learned Intermediary Doctrine Applies to Failure-to-Warn Pharmaceutical Cases in Florida Pharmaceutical Law Update October 2012
New Jersey Court Grants Summary Judgment Based on Lack of Warning Causation Pharmaceutical Law Update October 2012
Protecting Trade Secrets and Confidential Information in Product Liability Litigation Product Liability Advisory August/September 2012
Washington Supreme Court Decision May Indicate an Expansion of Manufacturer Liability in the Evergreen State Product Liability Advisory August/September 2012
Texas Court Guards Against Guardian Ad Litem Fees Product Liability Advisory August/September 2012
New Hampshire Supreme Court Reverses “Light Cigarette” Class Certification Toxic Tort and Environmental Law Update September 2012
California Supreme Court Overturns Common Law “Release Rule” Toxic Tort and Environmental Law Update September 2012
Indiana Supreme Court Interprets Application of Statute of Repose in an Asbestos Case Toxic Tort and Environmental Law Update September 2012
OSHA Modifies Hazard Communication Standard Toxic Tort and Environmental Law Update August 2012
“Green” Fracking Coming in 2015 Toxic Tort and Environmental Law Update August 2012
The Impact of the California Supreme Court's Opinion in O'Neil on Courts Across the Nation: Who's Next? Toxic Tort and Environmental Law Update August 2012
No Causation, No Case: How Lone Pine Orders Can Increase Judicial Economy and Dispose of Meritless Claims in Hydraulic Fracturing Litigation Toxic Tort and Environmental Law Update August 2012
Ninth Circuit Finds No Duty to Warn in Light of the State of the Art Toxic Tort and Environmental Law Update August 2012
Appealing Matters Trial Advocate Quarterly August 2012
Rosa v. TASER Int’l, Inc.: Keeping Hindsight Bias Out of Failure-to-Warn Claims Medical Device Law Update August 2012
Statutory Defense for Manufacturers of Components Parts of Medical Devices Medical Device Law Update August 2012
FDA Publishes Final Electronic Registration Rule for Medical Device Manufacturers Medical Device Law Update August 2012
An Agency 'Warning Letter' Does Not a Lawsuit Make Corporate Counsel August 2012
Passing the smell test: Twombly, Iqbal, and a California Federal Court's Requirement of More Specificity in Complaints Against Defendants Australian Product Liability Reporter August 2012
The Impact of the California Supreme Court’s Opinion IADC Committee Newsletter - Toxic and Hazardous Substances Litigation July 2012
Nelson V. Matrixx Initiatives — Specificity In Complaints Law 360 July 2012
Equine Activity Limitation of Liability Act Given Broad Reading in Texas Product Liability Advisory July 2012
Virginia Supreme Court Dissent Questions Majority’s Weakening of Evidentiary Rules in Failure to Warn Case Product Liability Advisory July 2012
Passing the Smell Test: A California Federal Court Requires More Specificity In Complaint Against Defendants Product Liability Advisory July 2012
New Rules for Asbestos Cases in San Francisco Toxic Tort and Environmental Law Update July 2012
United Nations Seeks More Funding and Powers for Its "Environment Programme" Following the Rio+20 Conference Toxic Tort and Environmental Law Update July 2012
California Courts of Appeal Loosen Standard for Loss of Consortium Causes of Action in Latent Disease Cases Toxic Tort and Environmental Law Update July 2012
Northern District of California Finds Disputed Oral Statements Made Off-The-Record Do Not Trigger Removal Toxic Tort and Environmental Law Update July 2012
The Evidentiary Impact of Haygood v. De Escabedo The Dicta July 2012
Texas Supreme Court Adopts Learned Intermediary Doctrine Pharmaceutical Law Update June 2012
Third Circuit Affirms Dismissal of Class Action Lawsuits Alleging Off-Label Activity Based on Standing Pharmaceutical Law Update June 2012
Plea Agreements Including Compliance Measures and Probation: A New Trend? Pharmaceutical Law Update June 2012
Other Publications
Changes on the Horizon in Texas Civil Procedure Drug and Medical Device News Flash November 2012
Changes on the Horizon in Texas Civil Procedure Product Liability News Flash November 2012
Presentations
Navigating the Appellate Maze March 2013
Attorneys Fees in Complex Litigation November 2012
Hydraulic Fracturing: Understanding and Managing the Risk November 2012
DRI Presentation On Attempts To Limit Liability In Product Sales Transactions – Pitfalls And Options Available To The Seller November 2012
Judge Henry Friendly and Judicial Activism October 2012
Hydraulic Fracturing: Understanding and Managing the Risk July 2012
Generic Drug Law Update
Generic Drug Law Update November 2012
Medical Device Law Update
Medical Device Law Update Spring 2013
Medical Device Law Update December 2012
Medical Device Law Update August 2012
Pharmaceutical Law Update
Pharmaceutical Law Update October 2012
Pharmaceutical Law Update June 2012
Product Liability Advisory
Product Liability Advisory March 2013
Product Liability Advisory February 2013
Product Liability Advisory January 2013
Product Liability Advisory December 2012
Product Liability Advisory November 2012
Product Liability Advisory October 2012
Product Liability Advisory August/September 2012
Product Liability Advisory July 2012
Prop. 65 Update
Prop. 65 Update April 2013
Toxic Tort and Environmental Law Update
Toxic Tort & Environmental Law Update Spring 2013
Toxic Tort and Environmental Law Update March 2013
Toxic Tort and Environmental Law Update February 2013
Toxic Tort and Environmental Law Update January 2013
Toxic Tort and Environmental Law Update October 2012
Toxic Tort & Environmental Law Update September 2012
Toxic Tort & Environmental Law Update August 2012
Toxic Tort & Environmental Law Update July 2012