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NJ & CT News

ALM Staff & Law Journal Newsletters

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

Columns & Departments

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Case Notes

David R. Geiger

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

Columns & Departments

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Decision of Interest

ALM Staff & Law Journal Newsletters

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

Features

Relearning the Learned Intermediary Doctrine Image

Relearning the Learned Intermediary Doctrine

Brian Raphel

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.

Features

<i>LifeScan v. Shasta Tech </i> Image

<i>LifeScan v. Shasta Tech </i>

J. Gregory Chrisman & Christopher Meta

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."

Features

Will Fracking Become the Next Mass Tort? Image

Will Fracking Become the Next Mass Tort?

Sharon L. Caffrey

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.

Features

Updated Guidelines For Forensic Psychologists Image

Updated Guidelines For Forensic Psychologists

Jeffrey P. Wittmann

A year ago this month, the American Psychological Association (APA) published a revised and updated set of guidelines for the practice of forensic psychology. This document represents a substantial and long-awaited improvement over the prior set of guidelines, especially with respect to its breadth and clarity.

Columns & Departments

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Not All Hedges Are <i>De Minimis</i> for Adverse Possession Purposes <br>Adverse Possession of Mapped Streets<br>No Punitive Damages Against Title Insurer

Features

The Pitfalls of Arbitration Administrator Rules Image

The Pitfalls of Arbitration Administrator Rules

Charles F. Forer

Picking the applicable rules, without more, does not identify the administrator that will oversee the arbitration process. An "expertly drafted" clause must identify the rules and the organization or person who will administer the rules.

Features

Seveth Circuit Upholds Cracker Barrel Injunction Image

Seveth Circuit Upholds Cracker Barrel Injunction

Judith L. Grubner

When Cracker Barrel decided to introduce its non-cheese products into grocery stores (starting with packaged spiral ham) under a logo with "Cracker Barrel" appearing more prominently than "Old Country Store," Kraft sued for trademark infringement and sought a preliminary injunction.

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