Litigation

Analysis of recent key rulings.

There is language in the Mensing opinion written by Justice Thomas, as well as in Justice Sotomayer's dissenting opinion, which suggests that the Court might be receptive to prescription drug preemption arguments.

Part One of this article discussed the impact of Supreme Court decisions addressing personal jurisdiction and preemption. Part Two herein discusses decisions involving class actions, pharmaceutical marketing practices, arbitration and proximate cause.

Non-healthcare entity landlords and their attorneys should be aware of certain common provisions in leases with healthcare tenants that could lead to substantial liability for landlords.

Facebook has settled Federal Trade Commission charges that it deceived its users and failed to keep their information private, agreeing on Tuesday to establish a comprehensive privacy program that includes independent audits for the next 20 years.

This article sets out the typical med pay policy language, summarizes certain coverage issues that have arisen in recent years with respect to med pay claims, and discusses two cases addressing whether an insurer can be liable in bad faith to an injured person for failing to provide med pay benefits.

An Internet Service Provider (ISP) can legally search the e-mail that it processes. ISPs may lawfully search the content of users' e-mails for many purposes, including assisting law enforcement, ensuring compliance with the ISP's terms-of-use agreement and protecting the ISP from legal difficulties, to name a few. Such activities do not currently constitute an invasion of the e-mail user's privacy.

Given the possibility of impersonation and digital fabrication in the online world, the information displayed on social media profiles is not immediately verifiable and presents issues of authentication and admissibility under the Federal Rules of Evidence.