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25 Jan, 2007 6:57 pm
... and addresses would be given to any such class action plaintiff. Pioneer Electronics, Inc. v. Superior Court, ___ Cal.4th ___ (Jan.
25, ... action, Pioneer would possess a significant advantage if it could retain for its own exclusive use and benefit the contact information
of those customers who complained regarding its product. ... cases. Id. (slip op. at 17) (emphasis added). I would definitely call Pioneer Electronics a pro-class-action decision, one that effectively balances the putative class ...
17 Nov 1:03 pm
... ") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that Garmin International, Inc. of Olathe, Kansas,
Garmin Corporation of Taiwan (collectively, "Garmin"), and Honeywell International Inc. of Morristown, New Jersey ... to limit the scope of the Investigation, and any remedy
should extend to all infringing products." Regarding domestic industry, Pioneer alleges in the complaint that it satisfies 19 U.S.C. §
1337(a)(3)(C) based on " ...
15 Aug, 2008 1:19 am
... information of putative class members. Soon thereafter, Pioneer's anlaysis was extended into the wage & hour setting in Belaire-West
Landscape, Inc. v. Superior Court, 149 Cal.App.4th 554 (2007). The Court of Appeal (Second ... claims. Indeed, we know of no principle requiring subpoenaed information to be
proved "admissible" in advance of its production. Second, such a rule would be wholly impractical and unreasonable in the context of class action litigation requiring ...
25 Jan, 2007 10:36 am
... California Supreme Court handed down its long-awaited decision in the review of Pioneer Electronics (USA), Inc. v. Superior Court
(2005) 128 Cal.App.4th ... action, Pioneer would possess a significant advantage if it could retain for its own exclusive use and benefit the
contact information of those customers who complained regarding its product ... he could improve his chances of marshalling a successful class action against Pioneer, thus perhaps ultimately benefiting some, if not all, those customers ...
30 Dec, 2007 10:35 pm
... technology specialists. The Difference Between Software and Services Aaref A. Hilaly, the President and CEO of Clearwell Systems, Inc. wrote two good posts at the company's
blog. In Top E-Discovery Software Vendors, he compares two ... probably met Liz Broderick, formerly a partner at Blake Dawson, one of the top Australian law firms. Liz pioneered
developing a practice group around legal technology, creating several ground-breaking legal tech products, including CD-ROM-based content (pre-Internet), ...
26 Jan, 2007 6:00 am
... that "California Supreme Court Rules on Fishing for Plaintiffs in Class Actions." I wouldn't call it "fishing." Remember, in Pioneer, an
injured class representative had already filed suit. The purpose of the discovery requests was to gain information about potential witnesses who had also experienced problems with the
allegedly defective product and to gather evidence to support class certification. A secondary purpose would be to identify possible substitute class ...
16 May, 2007 2:11 pm
... it for yourself! TurboVision was founded in 1992 and helps its customers achieve a competitive advantage by carrying out, directing and/or guiding innovative new product
strategic planning, technology development, new product design and validation, ... members of the TurboVision staff typically has about 30-40 years of experience in a particular
field and is a leader who pioneered the design, development, marketing, manufacturing or repair of gas turbines. They have played key rolls in the design ...
25 Feb, 2008 12:35 pm
... and protection solution and a new virtual tape library for IBM mainframes. Rob Emsley, EMC's senior director of software product marketing based in Hopkinton, Mass., called
Version 3 of RecoverPoint "a major upgrade" to the technology EMC acquired with the purchase of data protection firm Kashya Inc. in May 2006 in its continuing buying binge that
also included the acquisitions of security firm RSA, virtualization pioneer VMware (since spun off into a private company) and content ...
6 Jun, 2007 9:30 am
... of information and services solutions, today announced that LexisNexis® Applied Discovery® has acquired Image Capture Engineering, Inc. - the industry pioneer and market leader in the development of discovery document processing software. Financial terms of the acquisition were not disclosed. Based in Omaha,
Nebraska, Image Capture Engineering's newest product, LAW 5.0 PreDiscovery™ software, inventories, culls and extracts information from paper and electronic legal ...
6 Jun, 2007 9:32 am
... of information and services solutions, today announced that LexisNexis® Applied Discovery® has acquired Image Capture Engineering, Inc. - the industry pioneer and market leader in the development of discovery document processing software. Financial terms of the acquisition were not disclosed. Based in Omaha,
Nebraska, Image Capture Engineering's newest product, LAW 5.0 PreDiscovery™ software, inventories, culls and extracts information from paper and electronic legal ...
30 Apr, 2007 9:45 am
Press release: Herndon, VA - Apr 26, 2007 - /prbuzz/ - Extractiva, Inc., the pioneer in integrated Electronic Data Discovery software,
announced today the latest version of the e-discovery production suite, HardCopy Pro Plus™. Version 6.00S incorporates new features including a revamped distributed processing
architecture, support for additional e-mail formats, and more options for automatically [...]
22 Jan 2:06 am
... generic manufacturers. But because it was a generic drug, the plaintiff made a claim that users of pioneer drugs can't bring. She also sued
a non-manufacturer - Wyeth ... he was still "in residency training," he "probably" read Wyeth's label for its pioneer product, and that
at unspecified times he "generally" consulted the Physician's Desk ... substantial factor in bringing about his or her injury." Rutherford v. Owens-Illinois, Inc., 16 Cal.4th
953, 968 (1997). Identifying the actual manufacturer is not ...
13 Nov, 2008 1:52 pm
... , well before Restatement (Second) of Torts §402A (1965). The seminal case, Greenman v. Yuba Power Products, Inc., explained the rationale for what it called "strict
liability": We need not recanvass the reasons for imposing strict ... of drugs are biologically equivalent, it is also eminently foreseeable that a physician might prescribe generic
[drug] in reliance on [the pioneer manufacturer's] representations about [its drug]. 2008 WL 4823066, at *8 (citations omitted). Thus
foreseeability is used ...
30 Oct 3:11 pm
Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., -- F.3d --, 2009 WL 3460808 (7th Cir.) As entertaining as a Posner opinion always is, I fear this
one has more than enough casual ... . The Food, Drug, and Cosmetic Act requires that the labeling of the generic drug be the same (with immaterial exceptions) as that of the original
drug-- the "pioneer" drug, as it is called, which in this case was the prescription-only version of MiraLAX. And if the generic drug is
approved for use as ...
26 Sep, 2008 11:45 pm
... Inc v Becton Dickinson and Company (PATracer) Federal judge rules Pioneer Corp did not infringe Samsung SDI Co's patent related to
plasma display ... own tests exonerate Immutopics (PATracer) Summary judgment of noninfringement granted in part: Renhcol Inc v Don Best Sports (EDTexweblog.com) Supreme Court
infringement extraterritoriality: Glowproducts.com ... denied in trade dress dispute: Multi-Vet Ltd v Premier Pet Products, Inc (Property, intangible) TTAB finds fraud in
section 8 declaration, cancels ...
29 Jun 3:26 am
... (quoting Robert D. Hersh & Henry J. Bailey, American Law of Products Liability 2d § 130 (1974)). With regard to whether an alteration is "foreseeable," this aspect of the
analysis correlates ... , 462 S.E.2d 321, 328 (1995) ("The first test is whether the product is unreasonably dangerous to the ordinary consumer or user given the conditions and
circumstances that foreseeably attend ... have been the focus of many South Carolina cases. Small v. Pioneer Machinery, Inc., 329 S.C.
448, 494 S.E.2d 835 ( ...
2 Apr 8:36 am
... strikes us as a good subject of discussion. That question was whether there's authority allowing a product liability defendant to redact or otherwise keep confidential its
customers' contact information where such records ... a great deal, we think the answer is yes. A good place to start is Pioneer Electronics,
Inc. v. Superior Court, 150 P.3d 198 (Cal. 2007), ... restrictive option to outright refusal to allow any discovery considered in CSC Holdings, Inc. v. Redisi, 309 F.3d
988, 996 (7th Cir. 2002) ...
20 May 5:48 am
... liability claim. A person can bring a products liability claim based on negligence, strict liability in tort, and/or breach of warranty. Small v. Pioneer Mach., Inc., 329 S.C. 448, 494 S.E.2d 835 (Ct. App.1997); Bragg v. Hi-Ranger, Inc., 319 S.C. 531, 462 S.E.2d 321 (Ct. App.1995). ... C
at 215, 609 S.E.2d at 569. There is no statute of limitations specific to products liability actions in South Carolina. Instead, the applicable statute of limitations is the same
as any personal injury, wrongful ...
17 Apr, 2007 11:30 am
... Labor Code § 226.7 is a wage, not a penalty. Murphy v. Kenneth cole Productions, Inc. (2007) __ Cal.4th __. The holding was brief: We hold that ... Prop 64 issues, the
trend in this decade (Kraus / Cortez, Armendariz, Sav-On, Discover Bank, Pioneer Electronics, Murphy) has strongly favored consumers and
employees in these types of ... for California Employment Lawyers Association as Amicus Curiae; California Rural Legal Assistance, Inc., Cynthia L. Rice; Legal Aid
Society-Employment Law Center, Matthew ...
4 Sep, 2007 6:00 am
Like Pioneer Electronics (USA), Inc. v. Superior Court, 40 Cal.4th 360 (2007), the Supreme Court's opinion in Gentry v. Superior Court,
___ Cal.4th ___, 2007 WL 2445122 (Aug. 30, 2007) is very favorable ... Corrigan as the three-justice minority in favor of the employer. In another recent wage and hour case, Murphy v.
Kenneth Cole Productions, Inc., 40 Cal.4th 1094 (2007), the Court unanimously adopted the employees' position. More time would be needed to analyze these decisions and try
...
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