Recent Publications - Complex Torts & Product Liability
June 16, 2015 | | |
The U.S. Supreme Court has ventured into the world of violent online speech. On June 1, in Elonis v. United States,1 the court overturned a defendant’s criminal conviction for communicating threats on Facebook. The court ruled that a mens rea standard of negligence was insufficient to allow the conviction to stand, but it did not
Read MoreMay 31, 2015
Texas County Appeals in San Jacinto River Case
Harris County, Texas, has filed an appeal in Harris Co. v. International Paper, a case involving allegations of contamination of the San Jacinto River.
As alleged, the Pasadena Mill, owned by Champion Paper, disposed of dioxin-laced paper mill waste in holding pits created on the banks of
Read MoreApril 21, 2015
There are, generally speaking, four different kinds of online contracts that businesses use to obtain consent via the Internet from consumers: browsewrap, clickwrap, scrollwrap, and sign-in wrap agreements. Browsewrap exists where an online host dictates that assent is given merely by using the site. Clickwrap refers to the assent process by which a user must
Read MoreMarch 31, 2015 |
Paul Majkowski, a Partner in the Firm’s Litigation & Appeals Practice Group, participated in a mini-roundtable article entitled, “Managing Product Liability in the Chemicals Sector.”
Please click the link below to view the Article. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download
Read MoreFebruary 25, 2015 | |
AMERICAN BAR ASSOCIATION – SECTION OF LITIGATION – MASS TORTS
The Carnaby v. Goodyear Tire and Rubber Co. action involving purported toxic workplace exposures in France presents something of a new strategic paradigm for the U.S. jurisdictional restrictions evolving out of the Daimler/Kiobel/Goodyear Dunlop line of cases. Carnaby v. Goodyear Tire and Rubber Co., No.
Read MoreFebruary 17, 2015 | | |
Federal Rule of Civil Procedure 23 requires two forms of class notice. Rule 23(c)(2) requires notice to a potential class member that a class has been certified and substance of the class claims. Rule 23(e) requires notice that a settlement has been negotiated, which will require court approval, and the steps that each potential class
Read MoreOctober 31, 2014 | |
Paul Majkowski and Lawrence Han authored an article entitled, “International Litigation of Product Liability Claims: Korea,” which was published in the November 2014 issue of DRI For the Defense.
Please click the link below to read “International Litigation of Product Liability Claims.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC,
Read MoreOctober 28, 2014 | | | |
Nearly 15 years ago, Congress passed the Anticybersquatting Consumer Protection Act (“ACPA”).[1] The ACPA amended the federal trademark law known as the Lanham Act by adding two new causes of action aimed at cybersquatting.[2] Under the ACPA, a person may be civilly liable “if … that person has a bad faith intent to profit from
Read MoreAugust 19, 2014 | | |
Online technology, as this column frequently has noted, presents numerous challenges to attorneys during litigation,[1] while managing their firms and marketing their services,[2] and in trying to keep up with the newest legal developments and rulings.[3] A recent decision in a case of first impression by Judge Katherine B. Forrest of the U.S. District Court
Read MoreJune 17, 2014 | | |
On a nearly daily basis, each of us is asked or asks others to agree to be bound by “terms of use” or “terms of service” (TOS) as a condition of using an Internet website or obtaining goods or services offered through a website. Whether or not TOS are enforceable continues to be a question
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