Login USERNAME  PASSWORD  REMEMBER ME
LJN's Product Liability Law & Strategy

Volume 27 - Number 4 | October 2008

October Issue in PDF Format


The Impact of the Internet on Strict Product Liability Law
By Sarah L. Olson
Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.

Practice Tip: Congress Expected to Strengthen Consumer Product Safety
By Ali. A. Beydoun
With more than $2 trillion of imported products entering the United States every year, consumer product safety is receiving more attention than ever from the government, consumer protection groups, safety advocates, and the media.

Pharmaceutical And Medical Device Litigation
By Lori G. Cohen and John B. Merchant, III
Part One of this article described some general principles regarding the concept of fraudulent joinder and the patchwork of conflicting definitions and procedures for analyzing fraudulent joinder that has developed in the Circuit Courts. This conclusion offers strategies for defeating fraudulent joinder.

Danger Ahead
By Cal R. Burnton
The word "caution" should be the watchword when taking on a dual The act of "defending the witness’ interests" by taking on his/her limited representation may leave counsel with real ethical dilemmas and even perhaps a legitimate disqualification motion.

Predominance Requirement for Class Certification
By Martin Flumenbaum and Brad S. Karp
Recently, the U.S. Court of Appeals for the Second Circuit reversed the district court’s certification of a class action by smokers alleging they were deceived by the defendant tobacco companies’ marketing of so-called light cigarettes as a healthier alternative to regular, or "full-flavored," cigarettes.