Despite the evidence of downward trends in U.S. litigation numbers, when the media makes comments on the tort system, such as in editorials, it is almost exclusively critical of "the system.
Attorneys' knowledge of the federal regulations and interpretive guidelines aids in determining whether medical personnel properly monitored a patient and intervened to revise the patient's care plan in response to a developing problem..
Blameworthy conduct by the plaintiff in a med mal action can take the form of failing to follow medical advice, refusing or neglecting recommended treatment, or intentionally providing an incomplete or misleading medical history.
How often do we hear that "everybody sues" in the United States, and that there are "jackpot juries" handing out huge sums of money to undeserving plaintiffs? Is the media to blame for these skewed beliefs or is the media accurate in its portrayal of the tort system, especially the medical malpractice system?
What a recent Supreme Court decision does is to effectively immunize pharmaceutical generics manufacturers from state tort liability when they use FDA-approved labels for their products deemed equivalent to brand-name FDA-approved drugs.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
