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Hydrogen Peroxide: The Third Circuit's "Acid Test" For Class Certification
A class action lawsuit can pose a significant legal risk to any corporation. Undoubtedly, whether to certify a proposed class action is the pivotal decision in the life of a proposed class action lawsuit. In recognition of the critical nature of that decision, the Third Circuit, in an important...
Read MoreLaw And Practice: The Consumer Products Safety Improvement Act Of 2008
No legislation in recent memory has engendered more confusion and consternation than the Consumer Product Safety Improvement Act of 2008 ( Pub. L. No. 110-314 (HR 4040)) (the "CPSIA"). The complexity and difficulty of fully complying with the CPSIA's regulatory framework, coupled with the...
Read MoreSupporting Hospitals: Saving Lives And The Economy, Too
As policy makers rightly focus on resolving the deepening financial crisis, they must not forget the value and worth of hospitals - not only their obvious social worth in terms of maintaining our individual health, but their value in fostering our economic health as well.The recently signed...
Read MoreContractors Should Approach Any New Federal Funding For Infrastructure With A Proper Understanding Of The Scope Of The False Claims Act
With promises of new federal funding for infrastructure projects coming from the Obama administration, contractors will likely find themselves bidding on a host of public projects in the upcoming years. These federal dollars could find their way to projects which do not involve the federal...
Read MoreEmployer Alert: 2009 Legislation - What You Need to Know
2009 brings new and significant legislation that will require employers to update handbooks, revamp training protocols, and review procedures for responding to requests for accommodations. In addition, in 2009, employers should monitor pending legislation that could have a significant impact on...
Read MoreBusiness Interference: From The Outside And Inside
The principle that all is fair in love and war does not apply when the market is the battleground. Understanding the rules of play is important in times of market uncertainty; when the survival instinct can blur the distinction between lawful competition and unlawful competition. In this climate,...
Read MoreTKO'ing The UCC's "Knock-Out Rule"
At common law, a contract was not enforceable unless there was a meeting of the minds on all terms. But this "mirror image rule" was abandoned by the Uniform Commercial Code ("UCC"), which allows parties to form a valid contract even if their proposed terms are not identical. Under UCC § 2-207 and...
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