ALFA International Publications

The “nuclear verdict” is a term recently coined to refer to unexpectedly high damage awards that appear to exceed rational parameters in civil cases. However, verdicts with monetary awards that far exceed expectations, and/or that are considered to be inflated, outlandish or even destructive, have been considered to be a problem for at least a generation (thus the phrase “old wine, new bottles”). …

Hundreds if not thousands of companies market and sell products as their own, even though they do not actually manufacture them in arrangements with product manufacturers that are often referred to as “White Labeling” agreements.  Even more businesses rely on vendors for critical components that drive their products.Those AmazonBasics batteries you recently purchased?  They were manufact…

Once little more than science fiction, products based on artificial intelligence (“AI”) have found their way into many aspects of our daily lives. Self-driving, autonomous vehicles are on the roads in certain parts of the country.  Millions of Americans use and rely on Fitbits and similar products to register and track biometric data and make recommendations for fitness, nutrition and health decis…

The Origins of Federal Rule of Civil Procedure 7.1 Upon its addition to the Federal Rules of Civil procedure in April 2002, Rule 7.1 has required nongovernmental corporate parties in federal court to file a disclosure statement that (1) identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock, or (2) states that there is no such corporation.  See …

The duty to preserve and not spoliate evidence is a requirement that transcends substantive areas of law and impacts virtually all litigators and clients involved in product liability claims and lawsuits. Spoliation of evidence is a “hot topic” because it is something that must be considered and affirmatively raised in every such case. To ensure the ability to present necessary evidence at trial, …

The return to courtroom trials brings excitement and the persuasion of in-person testimony. However, the excitement disappears when your opponent tries to compel the appearance of a witness that you do not want anywhere near the witness stand. With the advent of videoconference testimony and the use of Federal Civil Rules 43 and 45, plaintiffs are attempting to extend the federal subpoena power to…

This seminar was going to occur in October 2021.  The Pandemic got worse again and so our Practice Group canceled the seminar and rescheduled it for the current planned dates.  I had written the following introduction for the October 2021 seminar date: As I write this in August 2021, the status of Covid and how businesses are handling it is still very much unresolved.  Only a couple months ago, it…

Covid-19 and the resulting global pandemic brought about significant changes to the way people and institutions conduct business.  Although typically slower to change than some other industries, courts and litigators across the country have rapidly adopted and leveraged new technologies including remote videoconferencing platforms.  This topic will discuss the use of such platforms for v…

Growth of the industry and why it is important The Internet of Things (“IoT”) refers to physical products or equipment that can collect and share data and possibly other interactions such as remote control by the internet. The IoT is the melding of the physical and digital worlds. IoT devices communicate with each other as well as with people. The IoT is present in almost every industry. Named s…

Product Performance vs. Defect Class action lawsuits are brought by consumers for defective products. These products may have inferior performance than expected based on how the products were advertised or marketed to work. The problems may arise from faulty design, poor quality, or other defects. There was a nationwide LG refrigerator class settlement in 2012.[1] The refrigerator cooling defect…