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HTMLDiscovery Deconstructed
Philip Quaranta; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on January 16, 2014
Every product liability defense attorney has heard a phrase like this at the end of a deposition of a corporate representative: “This witness did not have adequate knowledge; this deposition is not over. I (plaintiff’s counsel) reserve my right to pursue further depositions of company...

 

HTMLWhy Do Florida Plaintiff’s Attorneys Dread the Application of Daubert?
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on February 4, 2014
The Florida legislature’s adoption of the Daubert Standard for admissibility of expert testimony took several sessions to pass as a well-organized Plaintiff’s Bar fought hard against it. However, the legislature’s affinity for laws that promote the growth of business within the...

 

HTMLDoes Pennsylvania Permit Manufacturing Defect Claims Involving Medical Devices?
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on September 17, 2014
I am writing to report about a recent dismissal of a manufacturing defect claim made against a medical device manufacturer in the USDC for the Eastern District of Pennsylvania. This decision is favorable to our clients that are involved in defending medical devices. We believe this case may...

 

HTMLThird District Applies Daubert Retroactively
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on June 2, 2014
Florida’s first appellate review under Daubert occurred in Perez v. Bell South Telecommunications, Inc., 39 Fla. L. Weekly D 685b (April 24, 2014). The Third District Court of Appeals became the first Florida appellate court to apply the Daubert standard to uphold a decision by a trial court,...

 

HTMLThe Government Contractor Defense
John P. Loringer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on September 2, 2014
The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the requirements and scope of its application, is extremely important to companies that...

 

HTMLFlorida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on April 15, 2014
While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenets of discovery that apply to the standard document requests, also apply to this new technological source of information. The question of whether a demand for any and all...

 

HTMLCornell Ruling Is Cause for Experts’ Concern
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on July 1, 2014
I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op 02096). The ruling dealt with the admissibility of an...

 

HTMLE-Discovery Matters: “A Guide to ESI Preservation Responsibilities”
Daniel M. Braude; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on August 15, 2014
I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI),...

 

HTMLDo You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods
Eric W. F. Niederer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on March 3, 2014
Connecticut, the first state to pass a law that requires labeling for genetically engineered foods, is being joined by states with similar labeling requirements, but no labeling mandates. Despite the reluctance of some states to enact these labeling regulations, it appears that the trend is moving...

 

HTMLMy Structured Settlement Broker or Yours?
Philip Quaranta; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on April 1, 2014
We all have been in negotiations that involve structured settlement proposals, and almost all plaintiffs’ attorneys have relationships with structured settlement brokers. Inevitably, when it’s time to place a structured settlement, the plaintiffs’ attorneys insist on using the...

 


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