Online: Web Site Advocates Health Care, Prescription Drug Access
The Community Catalyst created the Prescription Access Litigation Project ("PAL") in 2001 to use class action litigation and public education to end pharmaceutical price inflation. The Community Catalyst is a national advocacy organization that encourages consumer and community participation in the molding of our health system to ensure quality, affordable health care for everyone. Visit the Web site at <i>www.communitycatalyst.org.</i>
Case Notes
Highlights of the latest product liability cases from around the country.
Today's Pharmaceutical Criminal Investigation Is Tomorrow's Product Liability Lawsuit
In today's notoriously litigious atmosphere, a spark of governmental investigation can quickly ignite into product liability litigation. The events surrounding the recent $430 million Neurontin global agreement provide a notable example.
Features
Practice Tip: Web Site Hyperlinks as Adoptive Admissions
Companies are increasingly communicating with consumers via the Internet. With the explosion of the Internet during the last decade, the company Web site has become one of the most comprehensive and convenient locations to obtain information on a product. As the number of people using the Web has increased, company Web sites have gone from bare-bone sites of basic corporate information to becoming the starting point in any search for information on a company and its products. The swell in the use of such Web sites has increased their importance as a corporate voice and as a resource for consumers. Should a company change its Web site if a governmental or private agency issues a report that presents findings relating to one of its products and a risk of personal injury?
Features
Discoverability of Attorney Work Product Communications Supplied to Experts
Federal courts are split on the issue of whether a party must produce all communications and materials that were supplied by the party's attorney to a testifying expert, even if these communications (oral or written) would otherwise be protected as attorney work product. This two-part article will discuss and compare the majority and minority views.
Features
Working At Home, And At Play
Constant connectivity creates pressure to work around-the-clock, wherever you may be. After all, the Net is always on ' and open for business.<br>However, as the traditional office becomes less important ' because technology lets work shift location with the workers ' will the legal rules for the workplace also follow?
Avoiding The Top 10 Legal Difficulties Facing Home-based e-Commerce Ventures
With the Internet being everywhere, it's no surprise that it penetrates every aspect of a home-based e-commerce venture, along with Internet law, which has developed in lock step with the Internet. <br>And as more people chagrined by the fickle economy turn to their own residential Internet connections as conduits for electronic business, these entrepreneurs find themselves exposed to legal difficulties previously reserved for large traditional businesses. <br>To succeed, this new generation ' and older commercial operations that have adapted to the Information Age ' must know about Internet law, as do counsel who advise them.
Features
e-Commerce Docket Sheet
Recent cases of interest in e-commerce law.
New U.K. Rules Mean Telemarketing Just Got Harder
Since June 25, companies in the United Kingdom will for the first time be able to avoid receiving "cold calls" ' unsolicited telemarketing calls ' by registering their phone number on a statutory list that bars the calls. <br>This has caused some consternation in the U.K. telemarketing industry, but it should be seen as just the latest development in information privacy in Europe.
In the Spotlight: Tenant Improvement Allowance — Two Perspectives
How a tenant is permitted to apply its tenant improvement allowance for its build-out is frequently a controversial topic during lease negotiations.
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MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›