State courts provide new forum for mass torts; plaintiffs find that aggregating their claims before state judges facilitates group cooperation
Article Abstract:
Mass torts started out being organized federally, and the diet drug litigation popularly known as the fen-phen cases was the first time state courts played a significant part. The role of state courts also arose from a backlash against the federal scheme handled other mass tort cases. Disadvantages included the increasingly larger fees plaintiffs' counsel voted themselves and the risks of global settlements for all the parties. If state courts organize litigation within their borders and reach out to create multistate arrangements, a new paradigm may result.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Coverage for 'business torts' may include IP claims; insurance may cover claims for misappropriation of secrets and trademark infringement
Article Abstract:
The article discusses liability insurance in the intellectual property area including trade secret infringement, antitrust violations and assorted other business torts. The applicability of the personal injury and advertising injury components of general liability policies can be seen in some cases involving intellectual property claims, and the author discusses several.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Old torts never die - they just adapt to the Internet; as computing becomes less about esoteric science and more about living, tried and true legal doctrines of fault become key
Article Abstract:
The adaptation of traditional doctrines of legal fault to online liability issues is discussed. A checklist for those who wish to minimize potential online liability exposure is given.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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