Showing 8 posts by Paul E. Wojcicki.
The Uniform Commercial Code May Not Be So Uniform After All: Looking to the U.C.C. as a Defense to Class Certification
The Uniform Commercial Code (U.C.C.). You know the one. That sectioned charter originally enacted with the goal of unifying the laws governing sales and commercial transactions across all 50 states, the District of Columbia and the U.S. territories? The one that provides recommendations to the states as to the laws that each particular state should adopt? It turns out that –even for all of the states that have adopted the UCC--the “uniform” part of the Code’s title might just be a misnomer . . . and one that might actually provide a defense to businesses defending against class certification. More »
“Can a home warranty fast track the sale of your home.” A recent article in the Lodi (CA) News-Sentinel under the headline: Some buyers see great value in home warranties. It’s refreshing to see an article associating a home warranty with value. Too often, home warranties, extended warranties and service contracts are portrayed — inaccurately — as a waste of money. More »
Proponents of the “Reptile Theory” claim it has produced $6 billion in jury verdicts and settlements for plaintiff’s in personal injury litigation since 2009. They say it derives from research by neuroscientists into brain organization and function, taps into jurors’ basic survival instinct, and “is revolutionizing the way the trial attorneys approach and win their cases.” While many doubt its scientific basis, defendants who have encountered the theory in litigation do not dispute its effectiveness.
So how to combat the Reptile? More »
Social media’s popularity and reach have grown rapidly and exponentially in the last several years. The prospect of a negative incident or situation going viral poses a real reputational risk to product makers, and so, too, to their bottom lines. More »
Companies and retailers selling service contracts often refer to their product as an “extended warranty.” Doing so may result in liability if the contract does not actually extend the terms or coverage provided under the manufacturer’s warranty. More »
In Washington, Getting Registered is a Small Price to Pay to Protect Your Service Contracts Business and Reputation
Washington is vigilant about policing and enforcing its service contract laws. Selling contracts there without being registered puts a company at risk of costly and reputation-damaging enforcement proceedings and exposes its shareholders, officers, directors, agents, and employees to personal liability. A unregistered company has essentially two options: (1) stop selling and hope no problems arise before the contracts run out, or (2) ‘fess up, pay a fine, get registered, and get back to business. More »
For a defendant, ‘removing ‘ a case that is, taking a case filed in a state court and moving it over to a federal court may be the most critical step taken in the case. Often times it makes the difference between winning and losing. This is because in a federal forum, legal standards are generally more rigorous and defendants are more likely to get a receptive hearing. More »
- Another BIPA Violation Alleged in Illinois
- LIFE SCIENCES CLIENT ALERT: United States Supreme Court holds that the judge, not the jury, makes pre-emption determination in failure-to-warn pharmaceutical cases.
- Michigan No-Fault Reform Update
- Missouri Joinder/Venue Reform Bill Heading to Governor for His Signature
- Seventh Circuit Appellate Briefs Filed in Southwest Airlines Biometric Case Involving Collective Bargaining Agreements
- An Examination of the Illinois Insurer-Insured Privilege: What is Protected and What is Discoverable?
- Litigation is Expensive; Consider Mediation Instead.
- Product Liability: Effective Litigation Tools and Techniques
- PROFESSIONAL LIABILITY CLIENT ALERT: Opioid Litigation - The Practitioner's Guide to Managing the FDA's 2019 Roadmap
- Driver Fatigue: A Leading Cause of Accidents and Death in the Transportation Industry
- Professional Liability
- Class Action
- Insurance Coverage
- Insurance & Reinsurance Litigation & Counseling
- Complex Commercial Litigation
- Cyber Risk & Liability
- Toxic Tort
- Professional Development
- Workers' Compensation
- Construction Litigation & Counseling
- Discrimination, Harassment & Hostile Workplace Claims
- Medical Negligence & Healthcare Liability
- Product Liability
- Pharmaceutical & Medical Device Litigation
- Social Media & Privacy
- Employment Litigation & Counseling