Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Supreme Court Handles Device Makers a Victory
The U.S. Supreme Court in February tackled an issue that has come up frequently in lawsuits brought by plaintiffs claiming they've been injured by medical devices: Do the Medical Device Amendments of 1976 preempt state law-based claims against device manufacturers? The Court had partially answered the question in Lohr v. Medtronic, but the fact situation in that case did not necessarily make its decision applicable to other cases against medical devices manufacturers.
Following Lohr, the U.S. Courts of Appeal generally found that state law claims for injuries caused by medical devices were indeed preempted, with only one ' the Eleventh Circuit ' holding in Goodlin v. Medtronic Inc., 167 F3d 1367 (11th Cir. 1999), that the contrary was true. The Supreme Court has now attempted to clarify the issue in Riegel v. Medtronic Inc.,128 S.Ct. 999 (U.S. 2/20/08), and it is likely that device manufacturers around the world are now breathing a sigh of relief, while at the same time rushing to file motions to dismiss most of the many suits now pending against them in courts around the United States.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.