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Drug & Device News
The most recent news for your review.
Med Mal News
Recent events you need to know.
Trial Tactics in Psychiatrist Liability Cases
The average juror may not be aware of the extent of mental-health professionals' duty to protect innocent third parties from their dangerous patients, and they may be reluctant to hold these professionals responsible. Following are some strategies that will help to get the plaintiff's point of view across to the fact finder.
Experimental Drugs and the Compassionate Use Doctrine
While gaining access to drugs not yet approved by the FDA can be a difficult task, many people will go to nearly any lengths to get them, even suing a drug manufacturer to force it to provide them the drug. That's what happened in the case of <i>Gunvalson v. PTC Therapeutics Inc.</i>, a case recently overturned on appeal.
Spoliation in a Medical Malpractice Case
Spoliation in the context of a medical malpractice case can raise many issues for lawyers representing doctors and hospitals. These issues can often be overlooked until it is too late to repair the damage done.
Bit Parts
Copyright Infringement/Claims Assignment<br>Copyright Infringement/Substantial Similarity<br>Film/Products in Scenes
Counsel Concerns
Client's RICO Claim Against Lawyer Is Dismissed<br>Malpractice Suit Lacks Proximate Cause
Verdicts
Recent rulings of interest to you and your practice.
Activision/Blizzard Merger Shows Video Game Industry Challenges
In late 2007, Activision CEO Robert Kotick, the jolly-looking entrepreneur known as one of the smartest and toughest in the business, approached Vivendi Games, which published World of Warcraft through its subsidiary Blizzard Entertainment Inc. Kotick made an offer for Blizzard, but Vivendi countered by suggesting that the two companies merge ' with Kotick at the helm. The merger, which was completed in July 2008, created a publicly traded company, Activision Blizzard Inc., that is the most impressive video game business in the world ' running neck-and-neck in revenues with longtime leader Electronic Arts Inc. ' and surpassing it in profits.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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