Parents in Georgia may need to reconsider moving out of state, or they could risk losing custody of their children. The Nov. 10, 2003 decision by the Supreme Court of Georgia in Bodne v. Bodne, 588 S.E.2d 728 (2003) (Benham, J., dissenting) has overruled or otherwise affected nearly 100 years of child custody law, and it has rescinded the well-established presumption that custodial parents have a prima facie right to retain custody.
Increasingly, family lawyers are encountering property division cases involving the equitable distribution of student loans or claims seeking equitable reimbursement for funds spent on higher education during the marriage. The statistics regarding tuition increases are staggering. According to the College Board's most recent annual survey on trends in college pricing (www.collegeboard.com), for private colleges, the average cost of a 4-year program, including room and board, is $78, 840. The average figure for in-state public universities is $18,776.
The latest from the EU.
The latest news of interest to you and your practice.
Restriction practice (ie, the restriction of a patent application to prosecution of a single claimed invention per filing fee) has been around since the mid-1800s. In recent years, hyperproliferation of restriction requirements, especially in the biotechnology, chemical and software arts, has occurred. It has not been uncommon for the U.S. Patent and Trademark Office (PTO) to assert that a patent application contains 10, 20, even 100 distinct inventions.
In last month's newsletter, we looked at some helpful Web sites for those who need to track the efficacy and safety of medical devices. Following are more useful Web sites for these purposes.
Recent rulings of importance to you and your practice.
The recent federal trial court decision in Dusek v. Pfizer Inc., Civil Action No. H-02-3559 (S.D. Tex. 2/20/04) dismissing plaintiffs' products liability claims against Pfizer in connection with the prescription drug Zoloft' on the ground of conflict preemption has given the pharmaceutical industry some hope that compliance with Food and Drug Administration (FDA) regulations will afford protection from common law failure-to-warn claims. The court granted summary judgment on the ground that a cause of action based on the plaintiff's proposed additional warning to the product label that Zoloft can cause suicidal ideation would conflict with the FDA's decision not to add such a warning because no causal link had in fact been established and it would in effect be false and misleading in violation of federal law. This should not deter continued efforts to obtain tort reform at the state level, however, where the continued influx of pharmaceutical product liability claims continues to burden courts and the pharmaceutical industry.
A complete listing of everything contained in this issue.
Recent cases of interest to you and your practice.
