Practice Tip: The FDA's Good Reprint Practices and Product Liability
April 27, 2009
The Food and Drug Administration (FDA) recently finalized its guidance document entitled "Good Reprint Practices for the Distribution of Medical Journal Articles and Medical Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices" (the "GRP Guidance"),. Here's what you need to know.
Does Joinder of a Forum Defendant Always Prevent Removal?
April 27, 2009
A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." There is, however, an exception to the rule.
The Growth in Wage-and-Hour Claims
April 27, 2009
This article explores some of the most common FLSA issues that employers confront on a daily basis, and ways to avoid being a victim of this FLSA wave.
RICO
April 27, 2009
Smithfield Foods' precedent-setting civil racketeering suit against the United Food and Commercial Workers' Union (UFCW) and several related defendants spawned critically important legal precedent that blazes a new trail for employers who are in search of litigation options for responding to non-traditional union organizing methods.
How to Create Common and Uncommon Assignment/Subletting Problems
April 24, 2009
Under common law, absent a lease restriction, tenants had been free to assign their leasehold interest to others or to sublet all or part of their leased space. That rule of law is of little consequence today because virtually all leases restrict assignment and subletting rights, often in excruciating detail.
Off-Label Promotion of Drugs and Medical Devices
April 24, 2009
A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
The Time-Money Continuum
March 31, 2009
Everyone has heard that time is money, but it may be that no industry understands this concept as well or as thoroughly as the insurance industry. Here's why.
Finding the Familiar in Contingent Coverage Provisions
March 31, 2009
Contingent business interruption insurance found in many commercial property contracts is business interruption insurance with a single modification: While business interruption is triggered by damage to property of the insured, which leads to an interruption of the insured's business, contingent business interruption is triggered by damage to the property of a specified third party, which leads to an interruption of the insured's business.
