Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Read More › Features
Practice Tip: Will the Real Drug Manufacturer Please Stand Up?
Frank Fazio
&
Sarina D. Rivera
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
Lianne S. Pinchuk
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
ALM Staff
&
Law Journal Newsletters
Highlights of the latest franchising news from around the country.
Court Watch
Rupert Barkoff
&
Kitt Shipe
Highlights of the latest franchising cases from around the country.
Index
ALM Staff
&
Law Journal Newsletters
Easy-to-read listing of everything contained in this issue.
The Effect of Zoning Amendments on Pending Applications
Stewart E. Sterk
&
Cara Marie Koss
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
Kevin Adler
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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