Michael K. Brown, all library items
-
Derivatives Market Regulatory Reform: Where are the US Regulators Heading?
November 12, 2009
Energy Trade & Commodities Client Alert 09-291
-
New HHS Regulations Impose Federal Security Breach Notification Requirements
September 23, 2009
Client Alert 2009-262
-
FTC Issues Final Rule on Notifying Consumers About Breaches of Electronic Health Records
September 03, 2009
Client alert 2009-250
-
Vol. IV, No. 1 (February 2008)
February 22, 2008
Product Liability Update
-
Vol. III, No. 9 (October 2007)
October 01, 2007
Product Liability Update
-
Vol. III, No. 3 (March 2007)
March 08, 2007
Product Liability Update
-
Vol. II, No. 9 (September 2006)
September 14, 2006
Product Liability Update
-
Appeals Court Ruling Embraces "PMA" Device Preemption
July 25, 2006
In May, the U.S. Court of Appeals for the Second Circuit joined a strong and convincing majority of federal appellate courts in upholding medical device preemption for Premarket Approval (PMA) devices in Riegel v. Medtronic, Inc., 451 F. 3d 104 (2d Cir. 2006).
-
Vol. II, No. 3 (March 2006)
March 06, 2006
Product Liability Update
-
Vol. I, No. 1 (September 2005)
September 01, 2005
Product Liability Update
-
U.S. Supreme Court Allows Supplemental Jurisdiction Over Claims Even When Amount in Controversy Not Satisfied
June 27, 2005
Client Bulletin 2005-13
-
California Supreme Court Interprets and Applies Federal Due Process Limitations on Punitive Damages
June 24, 2005
Client Bulletin 2005-12
-
Proposition 64 Reforms California’s Notorious Unfair Competition Law, and May Apply to Currently Pending Cases
November 08, 2004
Client Bulletin 2004-45
-
Passing Proposition 64 Would Show California is “Open for Business”
October 21, 2004
Client Bulletin 2004-43
-
Federal Preemption in Medical Device Cases Does It Still Apply if the Product Has Been Recalled or Voluntarily Withdrawn From the Market?
August 05, 2004
-
Unique California Laws Imperil Speech on "Off-Label" Use of Drugs
May 14, 2004
-
California's unfair competition law: a statute in dire need of reform
Business & Professions Code statuteNovember 20, 2003
-
Relentless Opposition Defeats Dangerous Sham “Reform” of California’s Unfair Competition Law, Business & Professions Code § 17200
September 24, 2003
Client Bulletin 2003-72
-
Lockheed Martin vs. Superior Court of the State of California for the County of San Bernardino, Rancho Cucamonga District
March 05, 2003
-
Korea Supply Company v. Lockheed Martin Corporation, Lockheed Martin
March 04, 2003
-
Drug and Medical-Device Cases Raise Questions of Preemption
September 06, 2002
-
Courts Will Dig Deep to Find Errors in Expert Opinions
April 01, 2002
-
The Rule of Fraudulent Joinder – A Weapon in the Fight for Federal Court Jurisdiction
December 01, 2001
-
One Step Removed: Courts Seem Unwilling to Extend Product Liability Recovery to Third Parties
May 07, 2001
-
SUPREME COURT'S TWO FRAUD-ON-THE-FDA CASES HAVE DRAMATICALLY DIFFERENT REASONING
April 02, 2001
-
SUPREME COURT TO DECIDE VALIDITY OF 'FRAUD ON THE FDA' CLAIMS
December 04, 2000
-
PRE-EMPTION PUZZLE
December 01, 2000
Supreme Court to Decide Validity of 'Fraud on the FDA' Claims
-
MIXED BAG
August 04, 2000
California Supreme Court Provides Guidance On Unfair-Competition Law
-
COLLISION COURSE
July 07, 2000
Federal Regulations Preempt State Tort Law In Motor-Vehicle Safety Case
-
Uprooting Spoliation
June 02, 2000
New Cases Have Eradicated the Tort in California
-
BAD BLOOD
Association Owes No Duty Of Care To Infected MinorJanuary 07, 2000
Many industries and professions have organizations that make recommendations or set standards for their specific fields…
-
CRASH TEST
Uninsured Motorists Can Recover Noneconomic Damages In Product-Liability SuitsOctober 01, 1999
Do "actions to recover damages arising out of the operation or use of a motor vehicle" include a product-liability suit filed because a motorist allegedly was injured in a collision due to a defective automobile?
-
SUSPICIOUS MINDS
Court Catalogues Personal-Injury Statute-Of-Limitations Law, But Sidesteps Appellate Court DisputeSeptember 03, 1999
For more than 10 years, the statute of limitations for a personal-injury claim in California began to run when the plaintiff suspected or should have suspected that his or her injury was caused by someone’s wrongdoing…
-
OPINION: CALIFORNIA BILL TO WREAK HAVOC ON TRADE SECRETS AND CONFIDENTIAL BUSINESS INFORMATION
August 23, 1999
In an era when plaintiffs can win millions of dollars from businesses for spilling coffee in their own laps, Americans often complain that frivolous lawsuits are overtaking our judicial system…
-
STATE PROTECTIVE ORDERS PROPOSAL UNDERMINES BUSINESS CIVIL LIBERTIES
May 28, 1999
Though legislators elsewhere in the country have recently turned their attention to tort reform aimed at reducing litigation costs and jackpot verdicts, tort "reform" of another, more malignant kind is gathering steam in California…
-
TRIAL COURTS MUST BE GATEKEEPERS OF TECHNICAL EXPERT TESTIMONY
May 07, 1999
Immediately after the release of the U.S. Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993)…
-
SHIFTING LANDSCAPE
New Bills May Portend Dramatic ChangeApril 02, 1999
The landscape surrounding tort litigation in California may be on the verge of dramatic change…
-
SOMEONE OR OTHER
December 04, 1998
The California Supreme Court seemed to have expressed itself pretty clearly ten years ago in explaining how…
-
PREEMPTION RETURNS
November 06, 1998
Reports of the death of the federal preemption as a defense in medical device cases appear to have been greatly exaggerated…
-
BUYER BEWARE
Successor Companies Can Be Strictly Liable For Defective Products Manufactured By PredecessorsOctober 02, 1998
In this age of corporate mergers, takeovers and acquisitions, a company purchasing the assets of another needs to know exactly what it is buying into, especially if it is acquiring a company that manufactures a product…
-
DEEP IMPACT
Proposition 51 Does Apply In Strict Liability Actions, After AllAugust 07, 1998
Reports of the demise of California's deep-pockets law (Proposition 51) in strict product liability cases were apparently premature…
-
FAREWELL, SPOLIATION
June 05, 1998
Fourteen years after creating the tort of intentional spoliation of evidence, California has now declared that…
-
DESTINATION UNKNOWN
April 03, 1998
In what seems to be an ever-expanding search for defendants with resources, plaintiffs in mass tort actions have continued to reach…
-
JOIE DE VIVRE
February 06, 1998
At least since Dr. Faust, and perhaps since the Garden of Eden, people have wondered how much it was worth to be able to enjoy the pleasures of life…
-
LEFT UNPROTECTED:
Proposition 51 Requires Fairness To Deep Pockets, Even When Strictly LiableJune 04, 1997
More than a decade after California voters decided to introduce an element of fairness into "deep pocket" litigation…
-
CALIFORNIA SUPREME COURT PROVIDES NEW RULES ON PHARMACEUTICAL COMPANIES' LIABILITY
A Retreat From Comments k and j?February 01, 1997
In an important case in the evolution of prescription drug law in California, the California Supreme Court recently ruled that pharmaceutical manufacturers sued for…
-
GATE CRASHING
7th Circuit Affirms Review Of A Daubert Ruling Under The Abuse-Of-Discretion StandardMay 01, 1988
The Daubert gate has moved again. Just months after the U.S. Supreme Court gave comfort to federal trial judges who exercise their so-called gatekeeping…