Litigation over a 1970s disco song has set new copyright precedent at the Atlanta-based federal appeals court.
January 31, 2014Alyson M. Palmer
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.
December 31, 2013Brendan PiersonNEW JERSEY: Pre-Nup Says Payments Are Not Alimony: Bankruptcy Court Disagrees
CONNECTICUT: Suit Challenges State's Alimony Law on Constitutional GroundsDecember 31, 2013Law.com StaffMA Federal Court Holds 'Economic Loss Doctrine' Does Not Bar Claim for Breach of Implied Warranty
December 31, 2013David R. Geiger'Reprehensible' Move to New York Was Nothing of The Kind
December 31, 2013Law.com StaffIn 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.
December 31, 2013Brian RaphelThe 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."
December 31, 2013J. Gregory Chrisman And Christopher MetaOpponents 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.
December 31, 2013Sharon L. Caffrey
