Litigation

Rulings of interest and importance to med mal attorneys.

The U.S. District Court for the Southern District of New York decided that music publisher EMI can keep the rights to the 1934 hit song "Santa Claus Is Coming to Town" for another 25 years.

NEW JERSEY: Pre-Nup Says Payments Are Not Alimony: Bankruptcy Court Disagrees
CONNECTICUT: Suit Challenges State's Alimony Law on Constitutional Grounds

MA Federal Court Holds 'Economic Loss Doctrine' Does Not Bar Claim for Breach of Implied Warranty

'Reprehensible' Move to New York Was Nothing of The Kind

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.