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Practice Tip: Failure-to-Warn Causation and The Learned Intermediary
In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.
Marvel Suit Update
Court Dismisses Suit By Shareholders of Stan Lee Media<br>Suit over Copyrights to Marvel Characters Can Proceed in NY
Features
D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'
Comcast Corp.'s courthouse victory over the FCC in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. In a move that some say would spark the "World War III" of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers.
Recent Class Certification Decisions Present New Opportunities and Challenges for Defendants
From a mass tort product liability defense perspective, the trend away from class certification is welcome news. However, any pronouncement that class actions are dead is premature.
Features
Sony Can't Enforce Agreement With EMI Executive
A New York Supreme Court judge has thrown out a suit by Sony Music Entertainment against a competitor record company and one of the competitor's top executives, who allegedly breached a $3 million employment contract with Sony.
Features
NY Court Rules Film Securities Suit Against Paramount Lacks Viable Claim
The U.S. District Court for the Southern District of New York dismissed a securities suit brought by several investing financial institutions against Paramount Pictures.
Features
Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements
Fashion and apparel goods are an important source of branding opportunities for artists and celebrities. One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.
Features
Non-Compete Cases: Does Anyone Really Win?
Many articles have been written about the enforcement of non-compete agreements in franchise cases. The "textbook" law is clear, and we address that law in this article. However, the message that we in the franchise bar have been sending our clients about the law may not be so clear: Nobody really "wins" these cases ' except the lawyers who take them to court.
Features
Releases from Canadian Midas Franchisees Found Unenforceable
A recent decision from the Ontario Superior Court of Justice in <i>405341 Ontario Limited v. Midas Canada Inc.</i>, calls into question the some common practices of franchisors in Canada.
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