Indemnity Protection Extends to Contractors
On Aug. 20, the Texas Supreme Court effectively issued free liability insurance to contractors sued in products liability cases when it decided Fresh Coat v. K-2. Its characterization of contractors as “sellers” for purposes of indemnity will make indemnity suits commonplace in cases where plaintiffs sue both manufacturers and contractors alleging construction defects.
Deceptive Product Advertising and Social Media Marketing
The explosion of social media has revealed the power of social media marketing. While product manufacturers are racing to take advantage of social media marketing, their lawyers need to keep an eye on new litigation risks, especially now that the Federal Trade Commission has warned that limits on deceptive advertising apply equally in cyberspace.
Gatekeeping Expert Testimony: From Popcorn to Tires and Beyond
What do butter-flavored microwave popcorn, a tire without nylon cap plies, a child restraint system, an asbestos-containing product, the chemical phosphorous pentasulfide and an orthopedic knee implant have in common? On the surface, not much.