Recent Publications - Complex Torts & Product Liability


Court Overturns ‘Threat’ Conviction, But Leaves Mens Rea Standard Unclear
June 16, 2015 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

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

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In The Courts
May 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

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‘Sign-in Wraps’ Face the Judicial Microscope in New York
April 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

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Managing Product Liability in the Chemicals Sector
March 31, 2015 | Complex Torts & Product Liability

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

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Carnaby v. Goodyear Offers a New Jurisdictional Twist
February 25, 2015 | Appeals | Complex Torts & Product Liability

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.

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Tech Tools Are Increasingly Used to Disseminate Notice
February 17, 2015 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

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

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International Litigation of Product Liability Claims
October 31, 2014 | Appeals | Complex Torts & Product Liability

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,

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Circuit’s Decision Clarifies Law Of Contributory Cybersquatting
October 28, 2014 | Privacy, Data & Cyber Law | Professional Liability | Complex Torts & Product Liability | Intellectual Property

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

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Court Addresses Bitcoin, Other Novel Online Technology Issues
August 19, 2014 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

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

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Website Terms of Use: Recent New York Rulings
June 17, 2014 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

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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