Litigation

In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.

The Federal Circuit panel discussed patent exhaustion in light of product claims, citing precedent where "the Supreme Court [has] repeatedly held, in addressing device patents, that the sale of a patented device exhausted the patent-holder's right to exclude, and that an infringement suit would not lie with respect to the subsequent sale or use of the device."

Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs' bar.

A year ago this month, the American Psychological Association (APA) published a revised and updated set of guidelines for the practice of forensic psychology. This document represents a substantial and long-awaited improvement over the prior set of guidelines, especially with respect to its breadth and clarity.

Not All Hedges Are De Minimis for Adverse Possession Purposes
Adverse Possession of Mapped Streets
No Punitive Damages Against Title Insurer

Picking the applicable rules, without more, does not identify the administrator that will oversee the arbitration process. An "expertly drafted" clause must identify the rules and the organization or person who will administer the rules.

When Cracker Barrel decided to introduce its non-cheese products into grocery stores (starting with packaged spiral ham) under a logo with "Cracker Barrel" appearing more prominently than "Old Country Store," Kraft sued for trademark infringement and sought a preliminary injunction.

In the first part of this article, we began discussion of the "open court" exception to the Equitable Distribution Law's requirement that, to be enforceable, matrimonial agreements made before or during a marriage must be reduced to writing, subscribed by the parties and acknowledged or proven in the manner required to entitle a deed to be recorded. But Dolgin and its progeny, make clear that the "open-court" exception applies only where an agreement, despite being oral, is nonetheless recorded in an official manner.