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HTMLEven the Great Wall of China Can’t Hide a U.S. Distributor in a Product Defect Lawsuit
Curt J. Schlom; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on April 1, 2015
The Illinois First District Appellate Court recently held that a U.S. distributor cannot escape liability under the Illinois Distributor Release Statute if the plaintiff was unable to obtain jurisdiction over a Chinese defendant against which a default judgment was issued.

 

HTMLIt Takes One to Confront One in a Professional Liability Claim
Brian S. Gatens; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 20, 2015
Would an architect by any other name smell as sweet? The answer is no when it comes to authoring an affidavit of merit in New Jersey. A recent case made clear that an affidavit from a professional licensed in a different field cannot support a professional liability claim, even if they have...

 

HTMLIs International Service of Process by Mail Permitted?
John R. Danos; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on December 1, 2014
When a foreign client is sued in a U.S. court, the first question we typically address is the issue of how the complaint was served. It is not uncommon for some plaintiff’s lawyers to attempt service of process over a foreign entity by mailing the complaint to the company’s...

 

HTMLCall Me, Maybe
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on February 17, 2015
There has been an increase in lawsuits against financial institutions under the Telephone Consumer Protection Act (TCPA), and recent multimillion-dollar class action settlements raise significant concerns in the financial services industry regarding the efficacy of existing compliance protocols....

 

HTMLLicensing Boards Can Fine You - Even If They Can’t Find You
Jodi V. Terranova; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 26, 2015
It the fast-paced world of health care, it is easy to forget the simple things - like notifying your state licensing board about address changes. It seems trivial, but there may be consequences for a physician who fails to update her physician profile.

 

HTMLPennsylvania Product Liability Law Still Smoking after Reversal of Tincher
Jonathan Dryer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 16, 2015
On November 19, 2014, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex, Inc., No. 7 MAP 2013, a case closely followed by the Product Liability Bar in Pennsylvania. The Supreme Court’s decision was expected by many to resolve a lingering conflict in...

 

HTMLWho Does an Insurance Broker Serve? Somebody!
Steven L. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 9, 2015
The year was 1979 when Bob Dylan’s song “Gotta Serve Somebody” was released on his album Slow Train Coming: “It may be the devil or it may be the Lord, but you’re gonna have to serve somebody.”

 

HTMLE-Cigarettes: The Safer Alternative?
H. Michael O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on March 2, 2015
E-cigarettes have gained widespread popularity as an alternative to traditional tobacco cigarettes, with hundreds of millions of these devices expected to be imported into the United States in 2015. The majority of imported e-cigarettes are from China, where most of these devices are manufactured...

 

HTMLDon’t “Dabble” in Employee Benefit Plan Auditing
Peter J. Larkin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on March 27, 2015
For years, U.S. Department of Labor Chief Accountant Ian Dingwall has been advising employee benefit plan administrators to avoid using auditors who “dabble” in employee benefit plans. During this period, the DOL has consistently found that approximately one third of the employee...

 

HTMLWARNING! If You Assume Your Case Will Survive Because You Have a “Creative” Warnings Expert, You Do So At Your Own Risk
Ernest V. Goodwin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on December 15, 2014
Those of us in the business of defending products look at the world in a slightly different way. When I come across a warning label, I actually study it because in a failure to warn case, the language of the warning, the color of the label and its location on the product are relevant to the...

 


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