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7 May 2012, 5:00 am
Baxter Healthcare Corp., 81 Cal. [read post]
10 Dec 2015, 10:45 am
In Wheeler, the prisoner argues that the Sixth Circuit erred regarding certain evidentiary matters. [read post]
1 Oct 2009, 2:14 am
That didn't seem to matter. [read post]
8 Oct 2015, 5:00 am
Baxter Healthcare Corp., 984 F.2d 71, 75 (2d Cir. 1993).In a failure-to-warn action, a plaintiff bears the burden to prove that defendant’s failure to warn was a proximate cause of his injury and this burden includes adducing proof that the user of a product would have read and heeded a warning had one been given. [read post]
4 Sep 2023, 5:44 am
Every year after Labor Day, I take a step back to survey the most important current trends and developments in the world of Directors’ and Officers’ liability and insurance. [read post]
8 Jun 2011, 5:54 am
Secretive practices and institutions are common in contemporary finance. [read post]
12 Jan 2012, 1:15 pm
” (A bit of background – in Grundberg the Utah Supreme Court concluded as a matter of law that Restatement (2d) §402A, comment k applied “across the board” and barred assertion of any and all strict liability, design defect claims). [read post]
23 Dec 2023, 7:16 pm
Others have gone down this dubious path before, but these authors’ embrace of the plaintiffs’ expert witnesses’ opinion in Bendectin litigation reveals the insubstantiality and the invalidity of their method.[18] As Professor Ronald Allen put the matter: “Given the weight of evidence in favor of Bendectin’s safety, it seems peculiar to argue for mosaic evidence [WOE] from a case in which it would have plainly been misleading. [read post]
19 Jan 2011, 6:02 am
By Steven G. [read post]
23 Jun 2014, 12:57 pm
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
27 May 2010, 3:40 pm
Baxter Healthcare Corp., 947 F. [read post]
4 Oct 2007, 10:09 pm
This holds true no matter who occupies the high offices of worldly authority.In the Bible verses above, we read of a strong delusion from God that would engulf the people of the world that have rejected truth. [read post]
6 Jun 2008, 6:49 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
10 Mar 2020, 8:43 pm
[This is a version of a letter I sent to the Senate Subcommittee on Intellectual Property today to call attention to various discrepancies in the proposed witness list, especially the presence of the Pirate Party at a hearing at the world’s greatest deliberative body. [read post]
28 Apr 2011, 3:18 pm
” Thus, the unavoidably unsafe concept is inherently incompatible with the concept of design defect because no matter what their design they are “incapable of being made safe. [read post]
19 Jul 2022, 2:59 pm
The authors of this guest post are: Doug Greene, BakerHostetler, Leader, Securities and Governance Litigation Team; Genevieve York-Erwin, BakerHostetler, Partner; Mike Tomasulo, Baldwin Risk Partners, Managing Partner, Management Liability National Practice Leader: Emily Baxter, BakerHostetler, Associate; and Alex Karambelas, BakerHostetler, Associate. [read post]
25 May 2022, 9:01 pm
Over the past two years, U.S. public companies faced an unpredictable risk environment. [read post]
10 Sep 2010, 8:07 am
We're talking about the Restatement (Third) of Torts, Products Liability §2, to be precise. [read post]
2 Jan 2024, 12:56 pm
The directors’ and officers’ liability environment is always changing, but 2023 was a particularly eventful year, with important consequences for the D&O insurance marketplace. [read post]
5 Dec 2017, 12:01 pm
A&M RECORDS, INC., a corporation; GEFFEN RECORDS, INC., a corporation; INTERSCOPE RECORDS; SONY MUSIC ENTERTAINMENT, INC.; MCA RECORDS, INC.; ATLANTIC RECORDING CORP.; ISLAND RECORDS, INC.; MOTOWN RECORD CO.; CAPITOL RECORDS, INC., Plaintiffs-Appellees,v.NAPSTER, INC., Defendant-Appellant.JERRY LEIBER, individually and doing business as, JERRY LEIBER MUSIC; MIKE STOLLER and FRANK MUSIC CORP., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees,v.NAPSTER, INC.,… [read post]
