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Once a lawsuit is filed to recover damages for a personal injury, breach of contract, or other cause of action, the case will usually proceed through several phases. The first phase of a lawsuit usually entails the preparation and filing of a “complaint,” which basically sets forth the plaintiff’s reason for bringing forth the lawsuit. The complaint is then usually “…
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When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the defective product, while other recalls are ordered by the FDA. Can the FDA Order a Recall? The FDA does not have the authority to “order” recalls. …
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Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor of the product if they can prove that the product was defective and that the product defect caused their injury. Traditionally, courts have required the injured party in a product liability case to prove their case with direct evidence, by testifying as to how the p…
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In most states, an individual who is injured by an employee’s negligent acts can generally sue the employer, if the negligent act was committed in the course of employment duties. Until 1946, however, “governmental immunity” prohibited individuals from suing the U.S. government for injuries committed by federal government employees. This changed with the enactment of the F…
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An injured party who has successfully proven that the injury and damages were caused by the defendant may be entitled to an award of “punitive damages” in addition to actual damages. Punitive damages are designed to punish wrongdoing on the part of a defendant and to deter the defendant (and others) from similar conduct. Punitive Damages The injured party bears the burden of sho…
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