Litigation

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The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

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This article explores the boundaries of the follow-the-fortunes doctrine. Does it have any limits? Does a cedent have carte blanche to impose its claims decisions and allocations of claims settlements upon a reinsurer without question? Do the answers to the questions depend upon whether the dispute is before a court or an arbitration panel?

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In a blow for insurers and contrary to the weight of authority in multiple other juridictions, the California Court of Appeals for the Fourth District recently reversed the trial court on its so-called "no stacking rule" and affirmed the trial court in its "all sums" liability allocation.

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False Endorsement/No Preemption<br>Song Copyright/Implied License<br>Video-Game Statutes/Unconstitutionality

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In January 2008, the California Supreme Court decided that the doctrine of severability of contracts could be applied to the state's Talent Agencies Act (TAA). Under the supreme court's ruling, a personal manager's activities as an unlicensed talent agent may be severed from the manager's legal activities, the latter still being commissionable from the artist by the manager.

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A look at a recent important case.

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Recent key rulings.

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In two recent cases, the Second Department has dealt with a recurring problem in zoning law: What constraint does precedent place on the decision-making authority of a zoning board of appeals? More particularly, what obligations does a zoning board of appeals (ZBA) have when a landowner applies for a variance or special permit that is substantially similar to a variance or permit the ZBA has previously denied?