Litigation

Recent rulings of interest to you and your practice.

Recent rulings of interest to you and your practice.

The first part of this article, which appeared in the December 2008 Issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The cases in Part Two herein address enforcement and violations.

Recent rulings of interest to you and your practice.

Eli Lilly & Co. will pay a combined $1.42 billion, including the largest criminal fine in history ' $515 million ' to settle charges that it illegally marketed the anti-psychotic drug Zyprexa for off-label use, federal prosecutors announced on Jan. 15.

Who's doing what; who's moving where.

An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."

The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.