Protective orders assault consumers
Article Abstract:
Corporations are too ready to use protective orders when faced with product liability suits. Federal Rule of Civil Procedure 26(c) is the worst offender in this area, allowing defendants to shield for good cause evidence showing a product is dangerous. The better to fight protective orders, plaintiffs' lawyers should remember that business competitiveness is not harmed by disclosing information to consumer litigants and that the 'state of the art' defense no longer holds much water once a product has been on the market a long time. Other pointers are listed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Protections, incentives for self-policing lacking
Article Abstract:
Industry self-policing in the form of lower fines for companies with good compliance programs will not work unless there are protections in place limiting access by the government and private litigants to information uncovered by the compliance program. One possibility which would protect both sides would be similar to the attorney-client privilege's crime-fraud exception, mandating that the objecting party show a prima facie case. If sensitive business information is not protected, corporate compliance will not make good business sense.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Posters win free-press protections
Article Abstract:
The Court of Appeal for the 6th District of CA ruled that the San Jose Mercury News's use of Joe Montana's likeness in posters was protected by the First Amendment, and rejected the football star's suit. He had asserted the right of publicity, protected in CA by Sec 3344 of the CA Civil Code and by the common law of misappropriation. Important limiting factors include the defendant's status as a newspaper, the fact that posters were given to charity or sold at cost, and the celebratory nature of the posters.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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