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Products Liability, Mass Torts and Consumer Class Actions

Publications

06/14/19
10/30/18
International Association of Defense Counsel’s (“IADC”) Defense Counsel Journal, Volume 85, No. 4
10/11/18
10/01/18
08/22/18
08/10/18
04/17/18
03/22/18
12/15/17
10/24/17
10/11/17
09/22/17
09/17/17
09/19/17
09/11/17
Product Liability and Mass Tort Section Newsletter, Vol. 16, No. 1 - September 2017
07/03/17
06/28/17
03/13/17
02/27/17
02/14/17
01/19/17
12/12/16
12/09/16
12/06/16
12/05/16
10/21/16
10/13/16
10/10/16
07/18/16
05/05/16
03/31/16
03/08/16
03/04/16
02/23/16
02/23/16
02/03/16
02/01/16
12/01/15
12/01/15
11/09/15
11/04/15
10/07/15
08/31/15
08/01/15
04/23/15
04/08/15
12/15/14
09/29/14
06/17/14
06/02/14
01/10/14
12/12/13
11/25/13
11/08/13
08/30/13
08/01/13
08/01/13
IADC Newsletter, Alternative Dispute Resolution Committee and Terralex Connections
07/26/13
06/24/13
06/13/13
05/31/13
05/28/13
United States Law Week, BNA Insights (Vol. 41, No. 26), Bloomberg Law, Toxics Law Reporter, and Product Safety & Liability Reporter
Spring 2013
04/26/13
04/10/13
April 2013
New Jersey Federal Court Rejects Component Theory Advanced to Avoid Medical Device Preemption
IADC Committee Newsletter, Product Liability
03/26/13
01/28/13
A Practical Guide to Discovery and Depositions in Connecticut, Chapter 14: Discovery of Electronically Stored Information, 2013 and 2011 editions
1st Edition 2011, MCLE, Inc.
2013
Getting the Deal Through - Life Sciences 2013
United States Chapter, published by Getting the Deal Through
11/06/12
October 2012
New Jersey Supreme Court Provides a Mixed Result in a Medical Device Preemption Decision
IADC Committee Newsletter, Drug, Device and Biotechnology
09/10/12
08/28/12
08/22/12
Nationwide Flux: Mensing’s Impact on State Tort Claim Pre-emption & Generic Pharmaceuticals
International Association of Defense Counsel Newsletter
05/01/12
03/12/12
February 2012
Getting the Deal Through - Life Sciences 2012
United States Chapter, published by Getting the Deal Through
01/13/12
The Federal Courts Jurisdiction and Venue Clarification Act of 2011: What it Means for Your Federal Practice
International Association of Defense Counsel’s Drug, Device, and Biotech Committee Newsletter
2012
ABA State-By-State Survey of the Statutes of Limitation and Repose Applicable to Pharmaceutical and Medical Device Litigation - New Jersey, Delaware, and Pennsylvania Chapters
Products Liability Litigation Committee - Section of Litigation, American Bar Association
Spring 2011
June 2011
The New Reality of Sales Force Behavior and Management
FDLI Monograph Series, Vol. 2, Num 6
04/20/11
Court upholds woman's 'de facto' parental rights
The News Journal
Spring 2011
Title IX: The Trojan Horse in the Struggle for Female Athletic Coaches to Attain Equal Opportunities in Intercollegiate Sports
Virginia Sports & Entertainment Law Journal, Volume 10, Issue 2
01/02/11
Control guns for the 'common good'
Delawareonline
2011
Plaintiffs’ Medical Care & Treatment – Discovery and Evidentiary Issues: A 50 State Survey
Andrew S. Dupre, M.K. Pruett et al.
Thompson West Publishing (Delaware Chapter)
2011
Consumer Class Actions
New Jersey Section, ABA Section of Litigation submitted for publication
01/01/11
Alternative Dispute Resolution
HISTORY OF THE DELAWARE BAR FROM 1995 THROUGH 2010, at 347 (Michael F. McTaggart ed., 2011)
12/27/10
11/22/10
A Look at The Innocent Seller Defense
New Jersey Law Journal
11/01/10
06/01/10
The Judicial Palate: Father, Esq. Knows Best
contributing author with Constance A. Dorsney & Ciro C. Poppitti III, IN RE: THE JOURNAL OF THE DELAWARE STATE BAR ASSOCIATION, Vol. 33, No. 11, at 22
03/25/10
02/22/10
Hart-Scott-Rodino Thresholds To Decrease Effective February 22, 2010
M&E Antitrust And Trade Regulation Alert
December 2009
Managing Mass Tort Litigation
Financier Worldwide
October 2009
The Uncertainty Surrounding “Design” in Design Defect Cases
IADC Defense Counsel Journal
09/28/09
Beware of Added Complications in Claims Involving Medicare Beneficiaries
New Jersey Law Journal
09/01/09
Using Title 59's Injury Threshold to Defend Public Entities in Sexual Assaults Involving Minors
New Jersey Defense Journal
07/28/09
07/01/09
06/01/09
05/10/09
02/12/09
02/02/09
In Search for Cost-Saving Strategies
CT Law Tribune
February 2009
The Importance of the ‘Design’ In a Product Liability Design Defect Case
IADC Product Liability Committee Seminar
2009
Science Sooner: Moving Daubert to an Earlier Stage of Litigation
DRI's Daubert On-Line
11/17/08
The Ethical Dilemma of Metadata
New Jersey Law Journal
11/01/08
10/20/08
10/09/08
April 2008
Buyer Beware: You May Be Liable for the Defective Products of Your Predecessor
IADC Defense Counsel Journal
01/01/08
Combining Firms Successfully: Matching Cultures and Strategies
Current Issues & Trends in Law Firm Mergers & Acquisitions
2008
Federal Jurisdiction Based On Removal: A 50 State Survey
Andrew S. Dupre, M.K. Pruett et al
Thompson West Publishing (Delaware Chapter)
December 2007
New Jersey Supreme Court’s Decision on Admissibility of Expert Testimony Could Affect Whether New Jersey Remains a Hotbed of Product Liability Litigation
IADC Product Liability Newsletter
11/05/07
Asbestos Victories Buck National Trend
New Jersey Law Journal
10/08/07
October 2007
The Product Liability Law Maze and the Consequences for Companies That Become Trapped in It
Strategies for Limiting Product Liability: Leading Lawyers on Preventing Claims, Developing Company Policies, and Mitigating Risk (Inside the Minds)
October 2007
Medical Monitoring Debate Resurfaces with Toy Recall Suits
IADC Toxic and Hazardous Substances Litigation Newsletter
September 2007
Bucking the Tort Reform Trend? Manufacturer of Non-Asbestos Product Has Duty to Warn About Asbestos Dangers
LJN’s Product Liability: Law and Strategy, Vol. 26, No. 3
09/01/07
Coverage, ABA Committee on Insurance Coverage Litigation, Vol. 17, No. 7, September/October 2007 Issue
07/31/07
The Impact of Litigation on Neurologic Research
Neurology Journal
07/01/07
Navigating Litigation and Risk
For The Defense
06/11/07
04/01/07
03/01/07
02/01/07
Sinclair v. Merck & Co.: Has New Life Been Breathed into Medical Monitoring Class Actions?
January 2007
Buyer (of the Assets of a Company) Beware
LJN’s Product Liability: Law and Strategy, Vol. 25, No. 7
01/01/07
2007
Punitive Damages Claims
David J. Cooner, Joy Eakley
New Jersey Section, ABA Section of Litigation
10/20/06
Managing Litigation Risk Through Improved Clinical Trials
Amlaw.com
10/02/06
Talking To Your Client Could Get You In Trouble
New Jersey Law Journal
09/01/06
The NJDA Victory in Brodsky v. Grinnell Haulers, Inc.: Increasing Equitable Treatment of Parties in Tort Actions
New Jersey Defense Journal
06/21/06
Taking And Defending Effective Depositions
Lorman Education Services
03/01/06
Exorcising the Specter of Bloated Class Counsel Fees: CAFA and the In re Excess Value Ins. Coverage Litig. Holding
Legal Backgrounder, Washington Legal Foundation
2006
Hal's on Call: The Robot Will Now See You -- Advances in Medical Technology Intersecting Tort Law
David J. Cooner, Janice F. Mulligan
Newsletter of the ABA Tort and Insurance Practice Section
12/01/05
Silica Litigation: Screening, Scheming & Suing
Washington Legal Foundation, Working Paper Series No. 135
11/01/05
Establishing Causation Beyond Shortness of Breath
Harris Martin
08/01/05
Humor in the Courtroom
July 2005
Emerging Trends in Asbestos Premises Liability Claims
IADC Defense Counsel Journal, Vol. 72, No. 3.
July 2004
The District Court of New Jersey Predicts That the New Jersey Supreme Court Would Permit a Plaintiff to Recover Pure Economic Loss Under a Strict Product Liability Theory Despite the Economic Loss Rule
IADC Product Liability Newsletter
June 2004
Defending Against Post-Sale Warning Claims
LJN’S Product Liability Law and Strategy
April 2004
The New Jersey Supreme Court Requires the Insured in a Long-Tail Environmental Exposure Case to Satisfy the Deductible of Each Triggered Policy
IADC Toxic and Hazardous Substances Litigation Newsletter
2004
Restatement Sections Applicable to Pharmaceutical and Medical Device Cases in State Court
Editor, ABA Section of Litigation
December 2003
Plaintiffs’ Attorneys Set Their Sights on New Asbestos Defendants
Commerce
06/01/03
Insurers Must Pay Reasonably Estimated, Future Asbestos Losses
Findlaw.com
June 2003
Campbell v. State Farm: A Ray of Hope for Mass-Tort Defendants in Punitive Damages Cases
IADC Toxic and Hazardous Substances Litigation Newsletter
04/01/03
Pennsylvania Court Rules Carbon Monoxide is a Pollutant
Findlaw.com
03/01/03
CCA-Treated Wood Litigation is Increasing: Do You Know Who Your Insurers Are?
The Lumber Co-Operator
02/01/03
Voluntary Full-Body CT Screening, To Screen or Not to Screen, Some Legal Considerations
J. Wylie Donald, Roger Shaw
31 Health Physics News
01/01/03
Should the Testimony of a "Grief Expert" Be Admissible At Trial?
IADC Newsletter, Toxic and Hazardous Substances Litigation Committee
2003
The Intersection of Madison Avenue and the Learned Intermediary Doctrine
01/01/03
Cybersmear: A Primer for Corporate Victims
Defense Counsel Journal
12/09/02
Kemp v. State Erodes the Standards for Admissibility of Expert Testimony
New Jersey Law Journal
12/01/02
The CPSC Duty to Report: Triggered by Pre-Acquisition Due Diligence?
Prod. Safety & Liability Reporter (BNA)
2002
Challenging Expert Witnesses in Pharmaceutical and Medical Device Cases in State Court
New Jersey Section, ABA Section of Litigation
01/01/02
Current Developments in Products Liability Defense Litigation
Law Journal Seminars Press
2002
The Politics of the New Right in Europe: Austria, the EU, and Jörg Haider
Andrew S. Dupre, R. Denemark
Georgetown University Press: Institute for the Study of Diplomacy (Teaching Case Study)
12/01/01
The Whistleblower Implications of Radiation Injury Lawsuits: Lessons Learned from In Re McCafferty
The Radiation Safety Journal
07/01/01
Ballard v. Fire Ins. Exchange: Court Properly Excluded Expert Testimony on Personal Injury Claims
Mealey's Litigation Report: Mold
04/01/01
Builders, Subcontractors And Architects: Finding Insurance Coverage For Mold Litigation -- Business Risk Exclusions
Mealey’s Litigation Reports: Mold, Vol. 1, No. 4
01/01/01
Guilt by Association: Trade Associations, Liability, and Protections
The Brief - Tort & Insurance Practice Section ABA
06/01/00
Collective Liability of Trade Association Members
For the Defense - DRI
12/01/99
How to Have Your Cake and Eat It
International Commercial Litigation
07/01/96
Curse of the Unsick: Update on Latent Injury Claims in Toxic Tort Cases
The Brief - Tort & Insurance Practice Section ABA
04/01/95
Genetic Injury in Toxic Tort Cases: What Science Can and Cannot Prove
Defense Counsel Journal (winner of The George W. Yancy Memorial Award)
01/01/94
Damages and the Problem of Enhanced Risk
Practitioners Guide to New Jersey Product Liability Law, co-author Guide to New Jersey Product Liability Law, co-author
01/01/94
Product Liability: Of Toys and Cars and Purple Chicks
Sidebar, Vol. 2, No. 3
01/01/92
Issues Involving Expert Witnesses in Toxic Tort Litigation
Co-author, The Corporate Analyst
04/01/91