Features
Suit over Cancelled M'tley Cre Show to Move Forward
The U.S. District Court for the Northern District of Texas, Dallas Division, denied a Texas-based concert promoter's motion to dismiss a suit by an Argentinian promoter over a planned M'tley Cre concert.
Features
Practice Tip: Pliva, Inc. v. Mensing
There is language in the <i>Mensing</i> 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.
Features
The Supreme Court and Product Liability
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.
Features
Healthcare Leasing Pitfalls for the Non-Healthcare Attorney
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.
Features
<B><I>BREAKING NEWS:</b></i> <b>Facebook Settles with FTC over Privacy Violations</b>
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.
Features
Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies
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.
Features
ISP Access to e-Mail Content Is Not Invasion of Privacy
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.
Features
Authentication of Social Media Evidence
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.
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