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By Jason Eckerly
The breadth of releases executed under the Federal Employers' Liability Act, 45 U.S.C § 51 et seq. ("FELA" or the "Act") continues to be a point of contention between courts and practitioners.
By Gregory Harris
In April 2008, California joined the growing list of jurisdictions recognizing the sophisticated user exception to a manufacturer's duty to warn users of potential dangers of its products.
By Micah Inlow, Paige Gates
Damages recoverable under the Illinois Wrongful Death Act, 740 ILCS 180/2, have been expanded to include emotional components that, until now, juries were instructed not to consider.
The federal preemption defense for manufacturers in pharmaceutical product liability cases suffered a huge and potentially fatal blow in the U.S. Supreme Court's recent 6-3 decision in Wyeth, Levine, released on March 4, 2009.
By Kathleen McDonough, Misty Martin
Following September 11, the United States Customs and Border Protection ("CBP") agency was charged with the mission of developing anti-terrorism programs to help secure U.S. borders.
By Shelly Masters
Construction will never be accident proof which is why good construction contracts should always allocate the risks posed by potential jobsite accidents.
By Lawrence Mason
There is no special magic to the application of liability insurance policy notice provisions to product liability claims. In a product liability claim, like all other liability insurance claims, notice is an important component of the insurance contract.
By Edward McCambridge
Did the plaintiff’s attorney realize that he was unleashing the longest running mass tort litigation in U.S. history when he filed the case of Borel v. Fiberboard Paper Products Corporation, 493 F.2d 1060 (5th Cir. 1973)? After the Fifth Circuit affirmed the judgment of $68,000 for Mr. Borel’s asbestosis, the rush to file cases was on.