Courts in nearly every state have embraced some form of the "learned intermediary doctrine," which provides that a prescription drug manufacturer satisfies its duty to warn so long as it provides an adequate warning of the drug's potential risks to the plaintiff's prescribing doctor.
How does the professional-team approach work in the collaborative process, and can attorneys who primarily litigate employ aspects of this approach to help settle their family law cases?
Custody involves the well-being of children, and the physical and emotional bond they share with their parents. However, what do you do when parties have pets that they consider to be tantamount to children?
Although happening slowly, project management and process improvement efforts are gradually improving the efficiency of U.S. legal practice, off-setting whatever demand growth the economy would otherwise have produced.
The profound changes in today's legal landscape suggest that it's time to reevaluate the utility of tools that objectively describe the operative style factors that affect lawyer success and lawyer-client business relationships.
When overlapping primary liability policies contain different "other insurance" clauses, approaches vary by jurisdiction and degrees of intellectual rigor.
Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.
