Features
Fifty Years Later: A New Wave of Thalidomide Litigation
The scourge of birth defects from Thalidomide in the 1950s and 1960s remains one of the worst pharmaceutical disasters ever. And now there's a wave of new litigation.
Judicial Scrutiny of 'Other Insurance' Clauses
In this article, the authors contrast the so-called minority approach to differing "other insurance" clauses with the approach generally described as the majority rule.
Features
Prior Agreement Bars Termination of Song Rights
The U.S. District Court for the Southern District of New York decided that music publisher EMI can keep the rights to the 1934 hit song "Santa Claus Is Coming to Town" for another 25 years.
Med Mal News
Pre-Fall Health Influences Recovery <br>Court Calls for Better Disaster Plans to Protect Disabled
Columns & Departments
NJ & CT News
NEW JERSEY: Pre-Nup Says Payments Are Not Alimony: Bankruptcy Court Disagrees<br>CONNECTICUT: Suit Challenges State's Alimony Law on Constitutional Grounds
Columns & Departments
Case Notes
MA Federal Court Holds 'Economic Loss Doctrine' Does Not Bar Claim for Breach of Implied Warranty
Features
Cyber-Harassment Bill Clears NJ Senate Committee
A New Jersey Senate committee has signed off on legislation that would strengthen criminal penalties for harassment or bullying over the Internet.
Columns & Departments
Decision of Interest
'Reprehensible' Move to New York Was Nothing of The Kind
Features
Meals and Entertainment Expenses
Meals and entertainment expenses are generally only 50% deductible, and provided the expenses are ordinary and necessary, have a business purpose and have proper documentation, there should be no issues surviving an IRS audit.
Features
Relearning the Learned Intermediary Doctrine
In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.
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