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HTMLRound Three: California Appellate Courts Home in on Duty of Care in Household Asbestos Exposure
Eimi Watanabe; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 1, 2014
On June 3, 2014, Wilson Elser issued a Client Alert on the decision in Johnny Blaine Kesner Jr. v. Superior Court of Alameda County (2014) 226 Cal.App.4th 251, in which the First District Court of Appeal held that an employer owed a duty of care to a third party for exposure to asbestos through...

 

HTMLDefendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 18, 2014, previously published on July 16, 2014
The estate administrators of victims of an Australia plane crash sued three companies in the United States alleging that the pilots’ navigational charts and the plane’s ground proximity warning system (“GPWS”) caused the crash. In granting the defendants’ motion for...

 

HTMLAsbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
In the consolidated asbestos products liability MDL pending in the U.S. District Court for the Eastern District of Pennsylvania, the court had the opportunity last week to address significant issues with respect to the maritime cases in the MDL brought by various merchant marines and their...

 

HTMLStepped Up Enforcement Against Inadequate Negative Option/Automatic-Renewal Disclosures
Ed Chansky, Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
July 16, 2014, previously published on July 8, 2014
Negative options have been defined by the FTC as commercial transactions in which sellers interpret a customer’s failure to take an affirmative action, either to reject an offer or cancel an agreement, as assent to be charged for goods or services. Common forms include continuity plans or the...

 

HTMLStrict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 16, 2014, previously published on July 10, 2014
The U.S. District Court for the Middle District of Florida denied a motion to dismiss a plaintiff’s strict products liability and implied warranty of merchantability claims against an air mattress manufacturer and the retailer from which the product was purchased. The plaintiff was allegedly...

 

HTMLIn A Differential Etiology, Experts Need Not Rule Out All Possible Causes
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
July 15, 2014, previously published on June 23, 2014
In Johnson v. Mead Johnson & Co., LLC (No. 13-1685), 2014 U.S.App. LEXIS 10541 (8th Cir. June 6, 2014), the court reaffirmed the applicability of the Daubert standard to both the “ruling in” and “ruling out” process of differential etiology, the process by which an...

 

HTMLFDA Proposes Social Media Guidelines for Pharmaceutical and Medical Device Companies
Baker Sterchi Cowden Rice L.L.C.;
Legal Alert/Article
July 14, 2014, previously published on July 3, 2014
On June 17, the FDA released a draft guidance proposing guidelines for how manufacturers, packers, and distributors should present prescriptions and medical devices on internet/social media platforms with character space limitations, and guidelines regarding how a company may correct misinformation...

 

HTML10 Seconds May Save Your Summer Vacation
Kevin R. Dean; Motley Rice;
Legal Alert/Article
July 14, 2014, previously published on July 2, 2014
It may take a couple extra seconds out of your summer vacation time this year, but taking a few small steps to ensure your family’s safety while on the road or during your vacation stay could save you from some mishaps down the road.

 

HTMLCPSC to Hold its Annual Priorities Hearing on July 24th
Matthew R. Howsare; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 11, 2014, previously published on July 8, 2014
Last week the CPSC formally announced it would be holding its annual “agenda and priorities” hearing at the CPSC on July 24th at 10am. The purpose and importance of this meeting is somewhat underappreciated in terms of the role it can play for individual stakeholders wishing to have the...

 

HTMLSnowmobiles in Texas? Houston Appellate Court Examines the Recreational-Vehicle Exception to the Motor-Vehicle Exclusion in a Homeowner’s Policy
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
In Oleksy v. Farmers Ins. Exchange, 410 S.W.3d 378, Tex.App.— Hous. [1 Dist.], Jul. 30, 2013, review denied (June 6, 2014), Houston’s First Court of Appeals examined the applicability of the motor-vehicle exclusion and recreation vehicle exception in a homeowner’s policy. In 2007,...

 


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