Introduction
While product liability statutes across the United States may include slight variation, the underlying requirements to prove a design defect claim are, in a broad sense, similar. Section 2(b) of the Restatement Third, Torts: Products Liability (1998) ( “Restatement”), notes as follows:
A product . . . is defective in design when the foreseeable risks of harm posed by the product c…
ALFA International Publications
September 25, 2024
Gilead Case and its Ruling
California courts pave the way for radical expansion of liability for pharmaceutical manufacturers who delay in bringing new drugs to the market. Gilead Sciences, Inc. v. Superior Court, No. A165558, 2024 Cal. App. LEXIS 14, at *14 (Cal. Ct. App. Jan. 9, 2024) (review granted).[i]
Case Background
Defendant Gilead is a pharmaceutical manufacturer which developed and sold …
September 11, 2024
Introduction
The majority of lawsuits, estimated between 80-92%, settle before reaching the courtroom. There are numerous reasons for this: trials can be prohibitively expensive, incredibly time-consuming, and fraught with unpredictability. But some cases have to be tried. In this article, we delve into the nuanced tactics for preparing for a jury trial in a complex business dispute. We will cover…
September 11, 2024
Introduction
“We’ve been breached!” Words that no submarine operator or business executive ever wants to hear. Cybersecurity incidents and breaches are becoming commonplace to the point where if you said you haven’t already experienced a breach or cybersecurity incident, you either don’t realize that its already occurred, or you are lying. The grim reality is that breaches are becoming more and mo…
September 11, 2024
CONGRATULATIONS! You have a judgment ordering someone to pay you money. Now What?
This article discusses how to ensure that you leave no stone unturned in your quest for recovery, including:
Enforcement Practices to Avoid
Creating Liens on the Debtor’s Property
Determining What the Debtor Owns
Levying Assets
Opposing a Claim of Exemption
Recovering Post-Judgment Costs and Interest
W…
September 11, 2024
Introduction[1]
Inventions, creations, ideas, methods, processes, systems, and other intangible property are a critical part of almost every business. Whether it involves customer lists, formulae, mixing methods, or methods of operation, how things are made, “get done,” or are sold is often the beating heart of a company’s success. What is often as important, given that few employees are “lifers…
May 29, 2024
50 Shades of (Grey) Ethics
Am I good person? Deep down, do I even really want to be a good person, or do I only want to seem like a good person so that people (including myself) will approve of me? Is there a difference? How do I ever actually know whether I’m bullshitting myself, morally speaking?
&nbs…
May 29, 2024
Class Actions Simplified:
Briefly, class actions are civil actions brought on behalf of plaintiffs who are alleging a similar type of harm from a common defendant(s). A singular or a few plaintiff class members are allowed to manage the interests of the many in the interests of ‘simplicity’.
For certification as a class under Rule 23 of the Federal Rules of Civil Procedure as well as for most st…
May 29, 2024
FX’s The Bear is a surprising vehicle for lessons and wisdom applicable to our workplaces. From protecting our own mental health, assisting our employees in hard times, and championing employees’ skills and dreams, we need only look to The Bear for inspiration.
The Bear is the story of an award-winning young chef, Carmine “Carmy” Berzatto (played by Jeremy Allen White), who moves back to his ho…
May 29, 2024
THE IMPLICATIONS OF STUDENTS FOR FAIR ADMISSIONS v. HARVARD ET. AL. BEYOND THE CONTEXT OF HIGHER EDUCATION
The Decision
On July 29, 2023, the United States Supreme Court, in Students for Fair Admissions v. President and Fellows of Harvard College, 600 U.S. 181 (2023), held that the admissions programs used by Havard and the University of North Carolina violated the Equal Protection Clause because …