Features
Practice Tip: Will the Real Drug Manufacturer Please Stand Up?
You are defending a manufacturer in a pharmaceutical product liability action. The plaintiff has testified that she obtained a prescription from her doctor for your client's medication and filled it at a reputable, national chain pharmacy. The doctor's records confirm that the prescription was written and the pharmacy records confirm that it was filled with your client's product. Normally, that scenario would dispel any doubts concerning the adequacy of product identification and you would identify other fronts on which to defend.
Features
The Class Action Fairness Act: The Meaning of 'Commenced' After 1 Year
The Class Action Fairness Act ('CAFA') was enacted almost a year and a half ago, signed into law by President Bush on Feb. 18, 2005. 28 U.S.C. §1332(d)(2). CAFA was enacted to help control the 'explosion' in the number of class actions while still allowing the right of access to the courts. As stated by one of the act's proponents, Sen. Orin Hatch, during his keynote address to the American Bar Association conference on class actions, 'truly national class actions should not be heard in remote state courts with little tie to any of the parties involved.' CAFA attempts to rectify this situation by allowing national class actions to be heard in federal courts.
Features
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
Index
Easy-to-read listing of everything contained in this issue.
The Effect of Zoning Amendments on Pending Applications
Decided recently by Westchester Supreme Court, <i>Mamaroneck Beach & Yacht Club, Inc. v. Fraioli</i> raises a much litigated issue in New York: When can a municipality apply a newly enacted ordinance to a pending application by a developer?
Sona Squares Off Against Franchisees
Sona Laser Centers and Sona MedSpas is locked in an increasingly bitter dispute with some of its original franchisees, involving not only typical franchise issues but also the franchisees' allegations that at least one of the services they offer to customers, a laser treatment for hair removal, does not work. While franchisees have received considerable favorable publicity in the fight to date, Sona executives say that the actions of the franchisees belie some of their complaints, and Sona remains committed to building a national chain of spas.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
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- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›