Today it’s reported that 58% of American adults use Facebook, 17.5% use Instagram, and 50% use tumblr. Social media websites sometimes offer users the option of disclosing postings, including photographs, to different sets of other users. On Facebook, for instance, postings can be made available to the public, to only “friends” (those users who are […]
Every trial attorney’s worst fear is a saboteur juror, lying in wait to poison the jury’s assumed impartiality. Think John Cusack’s character in The Runaway Jury. Voir dire is supposed to allow a trial attorney to ferret out any bias that may linger in the hearts and minds of potential jurors. What can an attorney […]
The first half of 2014 has proven to be a hotbed for large product liability verdicts. Many of the largest verdicts from January 2014 to June 2014 include significant punitive damages. Some of the largest product verdicts are as follows: 1. $23.6 billion in Cynthia Robinson v. R.J. Reynolds Tobacco Company In July of 2014, […]
Reprinted and/or posted with the permission of the American Bar Association, July 23, 2014 Fifty years ago, movie magic brought us the story of Jim Douglas, a down-on-his-luck race car driver who woke up to find a white Volkswagen Beetle parked in front of his house. He later discovered that the car, nicknamed “Herbie the […]
Reprinted with the permission of the Daily Journal. Originally printed on May 14, 2014. Midnight, Downtown Los Angeles. Dave walks out of a crowded bar to smoke a cigarette. He sees a group of friends from college who say they’re going to grab some burgers and ask him to join. Embarrassed, he realizes he’s too […]
Unmanned aerial systems (UAS), or drones, are slowly being integrated into U.S. and international airspace systems. Despite current legal and regulatory limitations on their use for civilian purposes, governmental and private entities are devoting significant resources to advancing UAS technology and applications. For example, internet industry giants Facebook and Google are exploring how to deliver […]
In Pounders v. Enserch E&C, Inc., decided on August 21, 2013, the Arizona Supreme Court gave a fresh examination to the application of choice of law principles to product liability lawsuits, in particular actions involving long-latency diseases. The Court ruled that, even though Plaintiff resided in Arizona and his injury became manifest in that state, […]
Unmanned Aircraft Systems (UAS), more popularly known as “drones,” have evolved beyond overseas battlefield and clandestine operations and are increasingly being utilized inside the United States. As with any product used in the domestic market, product liability considerations apply to their design, manufacture, sale and operation. Therefore, now is an appropriate time to examine UAS […]
The District of Arizona recently denied a motion to dismiss by Medtronic Inc., rejecting the argument that federal law preempted a plaintiff’s personal injury claims related to a product that had obtained premarket approval. Infuse is a bio-engineered liquid bone graft substitute. It is classified as a Class III device under the Medical Device Amendments […]
Originally published in the American Bar Association, Product Liability Section of Litigation, Vol. 24 No. 2 (Summer 2013). Any litigator knows evidence makes or breaks a case. One piece of admissible evidence may not determine a matter outright, but it may be that crucial nudge for a jury to tip the scales of justice for […]
