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During the last two years, the Court of Appeals for the Federal Circuit has decided a series of cases that collectively explore what circumstances are sufficient, or insufficient, to establish declaratory judgment jurisdiction in the context of a patent dispute. Several of these decisions, which have put patentees at an increased risk for declaratory judgment lawsuits, are addressed in this article.
On March 31, the U.S. Supreme Court blinked in a long-running standoff with the Oregon Supreme Court over the handling of a punitive damages suit against Philip Morris brought by the widow of a smoker who died from lung cancer in 1997. The high court dismissed the case of Philip Morris v. Williams as "improvidently granted"in a one-sentence opinion.
New Jersey can pursue Exxon Mobil for natural resource damage done by two refineries prior to enactment of the state's Spill Compensation and Control Act, a Union County judge has ruled. This article explains the background.
Features
The sophisticated user doctrine has become a prevalent defense nationwide in product liability actions involving failure-to-warn claims. This article expounds upon recent cases that help to entrench the sophisticated user doctrine in many states' case law, to a full or limited degree.
Features
The Consumer Product Safety Improvement Act (commonly referred to as the "CPSIA") was enacted in August 2008 in the wake of a sharp increase in recalls of children's products, particularly the recall of toys during and after the 2007 holiday season. This article provides an overview of the CPSIA, including a summary of key provisions, an update on agency rulemaking to implement the law, and an assessment of the risks and challenges related to compliance with the law.
The Food and Drug Administration (FDA) recently finalized its guidance document entitled "Good Reprint Practices for the Distribution of Medical Journal Articles and Medical Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices" (the "GRP Guidance"),. Here's what you need to know.
A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." There is, however, an exception to the rule.
To avoid legal difficulties when you mine information about people from social-network locations, make sure you employ three particular policies when using information mined from blogs. Here's how to proceed.