Complex litigation; medical monitoring

Article Abstract:

Class action plaintiffs in modern mass tort litigation have starting asking for a medical monitoring class, and this request has given rise to a body of unsettled case law, as this demand has become a fixture in mass tort litigation. Exposure to a toxic substance or usage of a medical device which may not manifest a medical condition until years later makes plaintiffs seek this remedy, and requests have come in various mass tort actions, including cases of exposure to radiactive nuclear substances, asbestos or lead paint.

Remedies, Product liability, Products liability

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Litigation; a rule comes of age

Article Abstract:

The article discusses the US Court of Appeals for the 1st Circuit's 1999 ruling in United States v. Swiss American Bank, which streamlined procedures on a foreign defendant's dismissal motion challenging the invocation of this rule under Federal Rules of Civil Procedure 4(k)(2). This rule gives a procedure for the US to assert jurisdiction over foreign defendants.

Federal jurisdiction

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Who takes the blame when the power goes out? Litigation is springing up with claims of physical damage to computer hardware, corruption of stored data and huge losses

Article Abstract:

Computers have become omnipresent in business, and the litigation regarding damaged computer hardware and data from system crashes following power quality incidents is discussed. Defense counsel should try to have such cases moved to an administrative agency. Other steps the defense side should follow are discussed.

Natural disasters, System crash (Computers), Electric power systems, Computer system crashes

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