LJN Newsletters

  • Drug Companies and Failure to Warn

    For more than one year, product liability cases have been pending against Merck's osteoporosis drug, Fosamax'. Despite having one of the highest side effect profiles of any drug in the U.S. prescription database, Fosamax remains on the market, and available by prescription. When a drug remains on the market during litigation but the manufacturer refuses to warn about a known risk, places the information about the risk in an obscure location or provides inadequate information about the severity of the risk, there is a public problem ' for both patients and prescribers alike ' in the form of a health hazard about which most prescribers have insufficient information.

    January 31, 2007Tim O'Brien

  • News Briefs

    Highlights of the latest franchising news from around the country.

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • Med Mal Litigation

    Risk-managing one's medical practice involves gauging the quality of the legal advocacy put forth to advance a physician's professional interests. In medical malpractice litigation, as we all know, victory is fleeting but setbacks are long-lasting. Therefore, as an attorney, expect to be evaluated with an eagle eye ' and respond to your client's fears with professionalism and reassurance.

    January 31, 2007Kevin Quinley

  • Court Watch

    Highlights of the latest franchising cases from around the country.

    January 31, 2007Cynthia Klaus, Jon S. Swierzewski, and Sejal Desai Winkelman

  • Litigation: Paternity and Child Support

    Putative father could obtain relief under state statute that granted a substantive, not procedural, right to address potential injustice. The State Ex rel. Loyd, v. Lovelady, 108 Ohio St.3d 86 (Ohio 2006).

    January 31, 2007ALM Staff | Law Journal Newsletters |

  • Getting Ahead of the Legal Curve

    When societal trends arise, new laws and regulations are sure to follow. Franchises have a choice of making changes as the trends evolve, or waiting until lawmakers and, perhaps, courts force their hands.

    January 31, 2007Kevin Adler

  • Survey Data: What They Tell Us; What They Don't

    We can think of no form of information that cannot be misused ' either deliberately by the manipulative, or inadvertently by the inept. Survey data are no exception. As psychologists, it is with some reluctance that we offer commentary on the relative merits of different standards for the admissibility of expert testimony, but our experiences in different states have heightened our awareness of how different standards affect the admissibility of testimony offered by psychologists in child custody litigation.

    January 31, 2007David A. Martindale, and James N. Bow

  • Effects of Hernandez Reach Beyond New York

    The New York Court of Appeals' July, 2006 ruling in Hernandez v. Robles has had implications beyond its core holding that same-sex couples may not marry in New York ' and beyond New York. Courts from Washington to Nebraska to Massachusetts have cited Hernandez to support their decisions to narrow or restrict the rights of gays to marry.

    January 31, 2007Mark Fass

  • International Arbitration Award Overturned Under California Law

    California caught the attention of international franchisors and franchisees who have arbitration clauses in their franchise agreements in the recently filed opinion in Gueyffier v. Ann Summers, Ltd. ___ Cal.App.4th ___, 2006 WL ___ (2d Dist. Oct. 26, 2006). The decision held that an arbitrator exceeded his authority when he ignored provisions in a franchise agreement that limited the circumstances under which he was permitted to find the franchisor in breach.

    January 31, 2007Keith D. Klein and Kenneth R. Costello

  • Multi-Millionaire Attorney's Child Support Slashed

    The shadow of high-profile attorney Willie Gary's wealth hovers over the lengthy appeal recently filed by the mother of his twins, whose $336,000 annual child support payments were slashed in 2005 to a mere $60,000 a year ' plus tuition for the twins' private school ' by a Georgia Superior Court.

    January 31, 2007Greg Land