Product Liability
 
DRI Product Liability Committee
 
 
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The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon
Bill Ruskin 5/15/2013

In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida’s commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc. etc., et al., No. SC10-1022, the high court provides a helpful discussion of the origin and development of the economic loss rule. view more

Mary Carter and Other Agreements Should Be Disclosed To Juries
Bill Ruskin 4/30/2013

As a general proposition, a defendant at trial suffers unfair prejudice when the court does not permit the jury to learn of certain facts that, if disclosed, would reveal a witness’s bias or self-interest. If a witness with no apparent motive for lying gives strong testimony favoring one side at trial, that testimony may have a significant impact on the jury. It is for this reason that all potential bias or self-interest of both fact and expert witnesses must be vigorously explored during pre-trial discovery. view more

Supreme Court's Kiobel v. Royal Dutch Skirts the Issue of Corporate Liability, But Denies Extraterritorial Application of Alien Tort Statutes
William F. Auther and Amanda Heitz 4/19/2013

Wednesday's United States Supreme Court opinion in Kiobel v. Royal Dutch Petroleum Co. et al., 569 U.S. ___ (2013), has confirmed that the Alien Tort Statute (ATS) has a limited scope and cannot open the doors of United States courts to lawsuits based on ordinary torts committed by companies outside the territorial confines of the United States. view more

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