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Case Notes
MA Appeals Court Affirms Summary Judgment for Gun Manufacturer
In Ryan v. Hughes-Ortiz, 81 Mass. App. Ct. 90 (Jan. 6, 2012), the decedent, a convicted felon, was killed by an accidental, self-inflicted gunshot wound he sustained while trying to return a gun he had stolen to its owner's previous hiding place. The plaintiff, the administratrix of the decedent's estate, sued the gun owner and its manufacturer in Massachusetts Superior Court, asserting claims of negligence and wrongful death against both the owner and manufacturer, as well as breach of the implied warranty of merchantability (the Massachusetts near-equivalent of strict liability) and violation of Mass. Gen. L. ch. 93A (the Massachusetts unfair and deceptive practices statute) against the manufacturer alone. The plaintiff's claims against the manufacturer alleged that the gun and gun case were defectively designed because the case caused the loaded gun to discharge through the case and the gun itself was likely to discharge unintentionally. The trial court granted summary judgment for both defendants, and the plaintiff appealed to the Massachusetts Appeals Court.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.