Tag Archives: litigation

Can we schedule more home games?

Image result for forumRelatively few consumer product manufacturers include forum selection or choice-of-law clauses in consumer product warranties; but when they do, courts generally enforce them. Continue reading

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Filed under Warranty

The Reptile’s In Our Midst – Defending against the “Triune Brain” trial strategy

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As you’ve surely heard by now, the plaintiffs’ bar has come up with a can’t-miss-science-based trial strategy. Its creators boast that it has produced over $6.25 billion in jury verdicts and settlements in personal injury suits since 2009, including nearly $19.2 million in the past week alone. And they’ve given their strategy a name; it’s called: The “Reptile Theory.” While there are many who dispute its claimed scientific basis (hereherehere), defendants who’ve squared-off with the Reptile don’t doubt its effectiveness. Continue reading

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Filed under Best Practices, Court Decisions, Risk Management