Author Archives: David M. Frohlichstein

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The Federal Rules of Civil Procedure Amended to Address Proportionality of Discovery

Relief may be in sight for the discovery costs of large corporate defendants involved in toxic tort litigation. As happens all too often in  toxic tort cases, a single plaintiff (or a group of similarly situated individuals) asserts claims against one or more large corporations that have been in business for many years. Due to the length of the corporation’s existence, there is a voluminous amount of corporate information and documents. When the plaintiff’s predicatably requests the entirety of these documents in the discovery process,…

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California Supreme Court Tackles Sophisticated Intermediary Doctrine

Raw suppliers that place their products in the stream of commerce face a dilemma regarding the uncertainty of their duty to warn of the potential hazardous nature of their products. The sophisticated intermediary doctrine is one weapon a raw supplier has against the presumption that a supplier of a hazardous raw material has a general duty to warn all downstream users. The sophisticated intermediary doctrine originated in the Restatement Second of Torts in an attempt to define the duty of a supplier. The doctrine allows…

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