Disqualification of law firm appropriate following firm’s violation of ethical obligations regarding use of inadvertently disclosed privileged email.
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May
May
Cases of Interest
A supplier can discharge its duty to warn under the “sophisticated intermediary doctrine,” defense if it: 1) provides adequate warnings to the product’s immediate purchaser, or sells to a sufficiently sophisticated buyer, and 2) reasonably relies on the buyer to warn end-users about the harm.
In a strict products liability action, evidence of industry custom and practice may be admissible, depending on the nature of evidence and purpose for introducing such evidence.
Evidence sanction excluding witnesses at trial was inappropriate where there was no evidence of willful omission of witnesses in discovery and no violation of a court order compelling discovery.
Recreational trail immunity applies even if trail also has non-recreational uses.