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Prevention and Planning

Nov 25, 2020

Federal Court Litigation Trends and Activity – Lex Machina®’s Torts Litigation Report – Nov. 2020

Looking to determine the trends for tort litigation in federal courts? Need to know how many cases are being filed, where the cases are landing, which judges are involved, which law firms and parties are involved, timelines for important court events, case resolutions, and damage awards?» Read More

Nov 20, 2020

Avoiding Commercial Texting Trouble Under the Telephone Communication Protection Act (“TCPA”)

During this era of COVID-19 lockdowns, entrepreneurs and more established businesses strive to find ways to reach consumers at home. On its face, one of the quickest, least expensive, and most direct ways to reach potential customers is through text messaging.» Read More

Jun 10, 2020

COVID-19-Related Litigation Explodes Leading into May and June 2020

As a follow-up to our April 23, 2020, blog post, “Be Prepared for an Onslaught of Coronavirus-Related Lawsuits, we are sharing the “COVID-19 Impact Analyzer” report from Lex Machina® on general and COVID-19-related case filing statistics for covered jurisdictions and courts with the permission of Lex Machina®.» Read More

Jun 01, 2020

Defending Coronavirus-Related Lawsuits in the U.S. – A U.S. Class Action Perspective

The coronavirus pandemic has changed the way that companies must do business to survive. This change occurred over an extremely short period of time, with little notice, and while companies had limited resources. This unusual situation caused companies to make decisions on an expedited basis with limited opportunity for careful contemplation and forced them to set priorities quickly.» Read More

Apr 23, 2020

Be Prepared for an Onslaught of Coronavirus-Related Lawsuits

The coronavirus pandemic has changed the way that companies must do business to survive. This change occurred over an extremely short period of time, with little notice, and while companies had limited resources. This unusual situation has caused companies to make decisions on an expedited basis with limited opportunity for careful contemplation and forced them to set priorities quickly.» Read More

Nov 30, 2018

Important Information for Product Manufacturers and Distributors Sending Products to Europe, the Middle East, or Africa

Meritas® just published its “Guide to Defective Products in EMEA,” a handy summary of some of the laws and regulations concerning defective products in Europe, the Middle East, and Africa.   If your company does business in these regions, the guide is a good preliminary reference tool.» Read More

Aug 01, 2018

The New Jersey Supreme Court Just Clarified New Jersey’s Standards for Determining the Admissibility of Scientific/Expert Evidence

In a much-anticipated decision, the New Jersey Supreme Court just issued its opinion in In re Accutane.  The text of the opinion is available here.  The Court considered and clarified the New Jersey state court standard for “the admissibility of scientific evidence under the New Jersey Rules of Evidence.” » Read More

Mar 08, 2018

Hybrid Medical Device Preemption and an Important Personal Jurisdiction Reference to Bristol-Myers Squibb v. Superior Court

The Third Circuit recently clarified an important express preemption defense for medical device manufacturers in Shuker v. Smith & Nephew, PLC, __ F.3d __ (3rd. Cir. 2018). Medical devices are classified into different classes.  Class III devices are subject to more pre-approval scrutiny than Class I & II devices and, as a result, Congress provided for express preemption for Class III devices that have passed that scrutiny.  » Read More

Jan 10, 2018

Welcome to the NMM Consumer Claim & Product Liability Defense Blog

Welcome to the NMM Consumer Claim & Product Liability Defense Blog! The purpose of this blog is to discuss practical information, strategies, and developments concerning the avoidance and defense of consumer claims, product liability claims, and related class actions or aggregated litigation. » Read More