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New Oleans grain ship crash churns legal waters, too; question: will maritime or landlubber law prevail?

Article Abstract:

The collision of the Liberian-registered Chinese ship Bright Field into a New Orleans riverside mall on Dec 14, 1996, led a team of nine firms to file a potential class-action suit in federal court there. Members of the same group of attorney-investors who filed Castano v The American Tobacco Co, they are again led by Wendell Gauthier of Gauthier & Murphy. The defendants will probably seek to limit their liability under federal maritime law to the vessel's value, $20 million, far less than the case might otherwise be worth.

Author: Ballard, Mark
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
Class actions (Civil procedure), Class action lawsuits, Accidents, Shipping industry, Jurisdiction over ships at sea

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Class action implant trial opens in Big Easy; it's the first case to attempt to attach blame to Dow Chemical for gel pouches

Article Abstract:

Spitzfaden v. Dow Chemical Corp has opened in Mar 1997 and marks the first attempt to hold Dow Chemical Co liable for the allegedly defective silicone gel breast implant pouches. Six of the plaintiffs have the same symptoms, including joint pain, fatigue, and memory loss. The suit charges Dow knew from tests that the silicone would migrate, but hid the test results. Punitive damages are disallowed by state law, but remuneration for pain and suffering can be sought by the plaintiffs.

Author: Ballard, Mark
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
Product liability, Dow Chemical Co. (Midland, Michigan), Products liability, DOW, Breast implants

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Digital headache; e-discovery costs soar into the millions, and litigants seek guidance

Article Abstract:

The search of trial lawyers and their clients for guidance as electronic discovery costs increase exponentially is discussed. Judge James Francis of the Southern District of New York ruled that the plaintiffs were to pay the cost of obtaining the e-mail discovery and the defendants the cost of preproduction review of privileged materials.

Author: Ballard, Mark
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2003
Technology application, Discovery (Law)

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Subjects list: United States, Cases
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