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One of the great dramas playing in the theater of American jurisprudence is the epic struggle that roils pharmaceutical labeling. Simply put, the labeling issue confronting the Supreme Court this term is: Who decides the adequacy of drug labeling ' the FDA or a jury of plaintiff's peers?
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In Part One of this article, the authors covered ethical issues relating to e-mail. In Part Two below, they discuss ethical issues related to e-discovery and social networking and blogs.
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COPYRIGHT INFRINGEMENT/BANKRUPTCY DISCHARGE<br>COPYRIGHT INFRINGEMENT/TV SHOW TREATMENT<br>COPYRIGHT INFRINGEMENT/VENUE TRANSFER
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The U.S. Court of Appeals for the Eleventh Circuit decided that a federal district court in Florida had personal jurisdiction over a Tennessee-based personal manager who used the indicia of a Florida musician on his Web site.
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Recently, we witnessed the annual ritual of the United States Supreme Court releasing its most monumental decisions in the waning days of its term. The front pages were consumed with new landmarks on, among others, the Second Amendment and the death penalty. The general public and the media rightly gave greater import to these constitutional decisions, but does that mean that American business was ignored by the Justices this year?
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A recent Delaware Chancery Court case may send Delaware companies scrambling to review their bylaws to determine if they are required to advance fees in more instances than first thought. A review of this and two other pivotal cases.
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Recent rulings of interest to you and your practice.
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Liability insurance policies typically contain provisions requiring that an insured notify the insurance carrier "as soon as practicable" of a claim or loss that potentially might be covered by the policy. If there is any delay in providing notice, an insurance carrier may deny coverage, or at least reserve its right to deny coverage. However, there are many situations in which a delay in notice, even if not excusable, will not result in a loss of coverage.
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Part One of this article discussed garnishment statutes and the potentially significant exposure to insurers created by postjudgment garnishment actions. This final installment addresses response strategies and substantive defenses.