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Features

Managing Liability Risks from Robotic Surgery

Kevin Quinley

Robotic technology may spawn both medical malpractice and product liability exposures, claims and lawsuits. Suits and claims may arise from one area or both. Here's what you need to know.

Features

Third Circuit Establishes Joint Employment Test

Daniel V. Johns & Kelly T. Kindig

In late June, the Third Circuit considered the broad definition of "employer" under the FLSA to determine when two employers jointly employ an employee, an issue that has been arising with increasing frequency.

Features

Mall's 'Minimal Precautions' Spare It Liability for Murder

Jeff Storey

Since the owners of an Ulster County, NY, mall took at least "minimal precautions to protect tenants from foreseeable harm," they cannot be held liable for the brutal after-hours murder of the night manager of a restaurant, an appellate court has held.

Features

Landlord & Tenant

ALM Staff & Law Journal Newsletters

In-depth analysis of several key rulings.

Features

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

A look at a recent case.

Features

First Department Overrules Decision on Claims Against Condo/Co-op Directors

Kenneth R. Jacobs & Jack J. Malley

The First Department's recent decision in <i>Fletcher v. The Dakota, Inc., et al.</i> overrules a prior decision that set forth an overly onerous pleading standard for discrimination claims against coop directors and condominium board members.

Features

IP News

Jeffrey S. Ginsberg, Joseph Mercadante & Malcolm Wells

Highlights of the latest intellectual property cases from around the country.

Features

Potential New Barrier to Verdicts of Willful Infringement?

Matthew W. Siegal & B. Clayton McCraw

The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under <i>Bard Peripheral Vascular, Inc. v. W.L. Gore &amp; Assoc.,</i> a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.

Features

First Circuit Raises Troubling Questions

David A. Grossbaum, Charles M. Tatelbaum & Matthew R. Watson

The recently published First Circuit opinion in <i>Rosciti v. Insurance Company of the State of Pennsylvania</i>, presents an increasingly common interplay between two somewhat different and often conflicting areas of law &mdash; insurance coverage and bankruptcy.

Features

Verdicts

ALM Staff & Law Journal Newsletters

Analysis of a recent key decision.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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