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Case Notes
MA Superior Court Upholds Claims for Negligent and Fraudulent Misrepresentations
In Gentile v. Biogen Idec, Inc., 2014 Mass. Super. LEXIS 11 (Feb. 14, 2014), a patient who suffered from multiple sclerosis was prescribed an immunosuppressant drug manufactured by the defendants. While still on the medication, the patient died of progressive multifocal leukoencephalopathy (PML), a brain disease thought to be caused by immunosuppressant drugs such as the one she was taking. The administrator of the decedent's estate sued in Massachusetts Superior Court, alleging, among other things, that the drug was defectively designed, and that the defendants fraudulently concealed material facts about the drug's risks and negligently misrepresented the extent of those risks in the drug's labeling, consent forms and advertising. Before either defendant had been served, the out-of-state defendant removed the case to the United States District Court for the District of Massachusetts, but it remanded after concluding that 28 U.S.C. ' 1441(b) does not permit removal of a suit that properly joins a defendant citizen of the forum state until at least one defendant has been served.
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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.
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.
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.