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Case Briefing
Zyprexa Suits Consolidated
Over defendant's objections, the Judicial Panel on Multidistrict Litigation has chosen the Eastern District of New York to hear six suits against Eli Lilly concerning alleged injuries caused by the company's anti-psychotic drug, Zyprexa'. In Re Zyprexa Prods. Liability Litigation, 2004 U.S. Dist. LEXIS 6651 (Judicial Panel on Multidistrict Litigation, 4/14/04).
The six actions consolidated were originally brought in California, Kentucky, Louisiana, North Carolina, Ohio and Tennessee. Eli Lilly moved pursuant to 28 U.S.C. ' 1407 to consolidate the cases and have them heard in the Southern District of Indiana or, in the alternative, the Northern District of Ohio. At oral argument, Lilly also suggested transfer to the Southern District of New York or the Eastern District of Pennsylvania. The panel found that these six actions involved common questions of fact, that centralization was necessary in order to eliminate duplicative discovery and prevent inconsistent pretrial rulings, and that centralization in the Eastern District of New York would best serve the convenience of the parties and witnesses.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.