Insights


Product Liability

Offensive Use of Preclusion Doctrines

Collateral estoppel, like the related doctrine of res judicata, preserves a party’s resources and furthers...

Aviation

Emotional Harm Damages For Personal Injury Claims Under The Montreal Convention

When an aircraft full of passengers during an international flight encounters an unexpected event, such...

Casualty Litigation

Medicare Set Asides and Their Application to Liability Litigation

The Medicare Secondary Payor Act (“MSPA”) defines the federal government’s rights to recover benefits it...

Employment and Labor

NLRB Postpones Implementation Date for Its New Notice-Posting Rule

In response to inquiries from businesses and pushback from trade organizations, according to the October...

Product Liability

Current Status of Chinese Drywall Litigation – The Defense of “I did not know”

Ever since the first complaint of Chinese Drywall reported to the Florida Department of Health...

Product Liability

New Discovery Ruling Encourages the use of the Discovery Process as a “Fishing Expedition” Against Product Manufacturers

Alvarez v. Cooper Tire is a relatively new opinion out of the Florida 4th DCA...

Employment and Labor

NLRB Requires Employers to Post Employees' Union Rights

Beginning November 14, 2011, the National Labor Relations Board (NLRB) will require all private sector...

Government and Administrative

Litigating a Claim Against a Government Official After Denial of a Dispositive Motion Raising Qualified Immunity

Originally published in the Winter/Spring 2011 Edition of the ABA Newsletter, Section of Litigation, Committee...

Employment and Labor

NJ Gets Tough on Harassment and Bullying

Originally published in School Leader, July/August 2011 edition. Schools must comply with new legislation beginning...

Product Liability

Market Share Liability

A plaintiff is master of his suit. With that, a plaintiff has the choice to...