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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),...

 

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...

 

HTMLE-Discovery Requests have Skewed the Playing Field
Daniel M. Braude; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on January 2, 2014
During the past decade, the discovery of electronically stored information (ESI) has come to the forefront of litigation. In particular, e-Discovery has created significant challenges in product liability actions where plaintiffs can seek tremendous volumes of ESI while having virtually no document...

 

HTMLOptional Safety Features: Let the Sophisticated Purchaser Decide
Joseph P. Wodarski; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on May 14, 2014
Products used in an industrial setting, such as forklift trucks, are typically designed to offer the purchaser the option of choosing certain safety features and excluding others that are available. The particular setting where the product will be used (its operating environment) will dictate which...

 

HTMLThe Hague Convention: Defending a Japanese Company in U.S. PL Litigation
Eimi Watanabe; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on March 17, 2014
Japan is currently the fourth-largest U.S. trading partner, exporting on average, $130 billion in goods to the United States each year. More than half of all of those goods are manufactured products in the form of vehicles or machinery, making Japanese companies subject to a significant exposure in...

 

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...

 

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...

 

HTMLIt’s the Mediator’s Form Agreement—Not Yours
Thomas M. DeMicco, Philip Quaranta; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on June 16, 2014
Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the proposed agreement will state that the mediation is confidential. Some...

 

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,...

 

HTMLMassachusetts, Where Only Young Rubber Hits the Road
Robert D. Sullivan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on February 18, 2014
Massachusetts is considering An Act to Increase Road Safety (H3016), which will require issuance of a rejection certificate for any vehicle equipped with a light-truck or passenger tire, including a full-service spare, more than six years old. The bill would amend Massachusetts’s...

 


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