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William A. Ruskin: Daubert On The Defense?

By William A. Ruskin We discussed in an earlier article how the Reference Manual for Scientific Evidence , published by the Federal Judicial Center, has become an indispensable tool for judges in managing cases involving complex scientific and technical evidence. The manual describes key scientific...

William A. Ruskin: Texas Adopts Learned Intermediary Doctrine

By William A. Ruskin The Texas Supreme Court rendered judgment in favor of Centocor, Inc ., the pharmaceutical manufacturer subsidiary of Johnson & Johnson, in a landmark decision involving the learned intermediary doctrine, Centocor, Inc. v. Patricia Hamilton, Thomas Hamilton and Michael G. Bullen...

William A. Ruskin: The Product Liability Dilemma: Product vs. Service

By William A. Ruskin Courts have long struggled with hybrid fact scenarios that involve both a product and a service. When a corporate defendant is sued for personal injury, is it more advantageous for the defendant to be characterized as a service provider rather than a product manufacturer? The...