Civil Litigation - Page 63
This is FindLaw's collection of Civil Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Litigation Articles
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By now, every general counsel in America undoubtedly has received courtesy packets from their outside counsel summarizing the SEC's proposed regulations under Sarbanes-Oxley Section 307. However, no summary of the proposed regulations themselves can tell a complete story about the real issue at stake, how that issue has rocked the American Bar Association for decades, and how corporate lawyers (both inside and outside) must already wrestle with the ethics of "whistleblowing." -
The so-called "inevitable disclosure doctrine" assumes that if an employee has knowledge of trade secrets, and accepts a similar job with a direct competitor in a highly competitive industry, he or she will "inevitably" disclose the trade secrets in the course of performing his or her new employment duties. -
The employment relationship is fraught with potential litigation pitfalls for employers - even before it actually begins. There have been many lawsuits that were based on inquiries made during job interviews. These inquiries are often innocent questions intended to start a conversation or put the interviewee at ease, but they can easily backfire and lead you straight to the courtroom. -
While the contours of class action jurisprudence relating to personal injury product liability actions are well known, the record is somewhat less so for property contamination cases. A recent decision from the Southern District of Florida - Jacobs v. Osmose, ___ F. Supp.2d ___, 2003 WL 1060155 (S.D. Fla. February 25, 2003) - is a significant contribution to that record and helps further define the line of demarcation for proposed classes that satisfy Rule 23 and those that do not. -
The construction industry has long used contractual indemnification provisions to affirmatively allocate risk for property damage, bodily injury and defective construction claims amongst the entities designing and performing the work. Historically, the Minnesota legislature and judiciary have both taken a restrictive approach to these risk-shifting provisions to the extent that they attempt to shift liability to the indemnitor for an indemnitee's own actual or alleged negligence. -
It has been over eight years since a Supreme Court justice has retired, and with the 2002 Republican electoral gains there is speculation that Chief Justice Rehnquist or one of his colleagues will step down from the high court. The majority of pundits expect that White House Counsel Alberto Gonzalez will be President Bush's first Supreme Court nominee. It is widely known, however, that the President's conservative base favors a nominee more in the mold of Justices Antonin Scalia and Clarence Thomas. -
In a decision that the majority opinion described as "neither close nor difficult," the United States Supreme Court struck down a $145 million punitive damages award resulting from a insurance bad faith claim against State Farm Mutual Automobile Insurance Company. -
Prompted by media attention to a rash of subpoenas issued to California journalists, the California legislature has enacted new procedural safeguards, including a minimum of five days' notice before a journalist may be required to testify, that enhance the rights provided under California's Shield Law. -
Outlines the increasing awareness of clinical trials, the genesis of informed consent for medical treatment, the evolution of informed consent in clinical trials, current federal regulations governing informed consent in clinical trials, potential areas of liability arising out of informed consetn for clinical trials, and current debates regarding expanding the scope of informed consent. -
Instructions from the Department of Transportation on how to file a complaint based on disability against an air carrier or airport.