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Litigation and Alternative Dispute Resolution

Compliance with FARs Provides Defense to Claim of Negligence Against Aircraft Manufacturer

Contact: Gard Davis; Spencer Fane Britt & Browne LLP (Missouri, USA)

A February decision by a federal court in Washington State found that federal regulation of aviation safety has “occupied the field” with respect to aircraft design and testing. In McIntosh v. Cub Crafters, Inc., the court considered wrongful death claims following the crash of a light aircraft during a sales demonstration flight...


Innovations Brought to the Preliminary Injunction by the Code of Civil Procedure

Contact:  Att. Alper UzunErdem & Erdem (Turkey)

Introduction

As is known, a preliminary injunction is a provisional legal protection, aimed at the prevention of damages to a party in a dispute prior to the final determination of the merits of the legal case. The Code of Civil Procedure (“CCP”) No. 6100, which entered into force on 1st of October 2011, provides innovations to the preliminary injunction...


Manufacturer's Corner: The Unenumerated Implied Warranties

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

This post continues our series on implied warranties under the Uniform Commercial Code (“UCC”). In our last installment, we discussed the most-litigated implied warranty, the warranty of merchantability. Here, we go to the other extreme and discuss the least-litigated – and often forgotten – implied warranties: those that aren’t actually enumerated in the UCC.[1]


Subpoenaing Persons and Documents Made Easier: Changes to Federal Rule of Civil Procedure 45

Contact: von Briesen & Roper, s.c. (Wisconsin, USA)

The rules that govern subpoenas have always contained traps for the unwary, as well as grounds on which to challenge potentially invalid subpoenas. Effective December 1, 2013, however, amendments to Rule 45 of the Federal Rules of Civil Procedure clarified and streamlined the processes for issuing and responding to subpoenas. Are you aware of the differences?..


Maintaining Legal Privilege Over your Documents

Contact: Chris Tayton; Clarkslegal LLP (Reading, England)

It is a fundamental principle of the English legal system that certain documents recording legal advice or prepared for the purpose of anticipated legal proceedings are inadmissible as evidence in Court proceedings. Such communications are protected by what is known as legal privilege...


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