Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Reasonable Accommodation of Religion Under Title VII
May 28, 2008
Employers are increasingly faced with the challenge of responding to employee requests to be relieved of work requirements related to religious beliefs and observance. This article provides general background regarding the definition of 'religion' and 'religious belief' in the context of providing a religious accommodation, and an overview of the growing body of case law that deals with the employee's right to seek and the employer's obligation to provide a 'reasonable accommodation.'
Medical Monitoring Class Actions: Challenging Certification By Challenging the Proposed Medical Monitoring Program
May 27, 2008
Federal district courts have recently denied class certification in instances in which the plaintiffs sought medical monitoring, citing causation issues better addressed on an individual basis.
Federal Officer Removal Jurisdiction Upheld in Agent Orange Cases
May 27, 2008
In this article, we discuss the issue of federal officer removal, <i>i.e.</i>, the removal of a state action to federal court on the ground that the government had such control over the defendant that the defendant was essentially acting as a federal officer.
Practice Tip: Coordination of Mass Torts in NY State Court
May 27, 2008
Part One of this series discussed the advantages of coordinating state and federal mass torts cases, and specifically addressed New York law. The conclusion describes the process of applying for coordination in New York State.
'Cosmeceuticals': The Fine (Regulatory) Line Between Cosmetics and Drugs
May 27, 2008
When it comes to determining whether a product is a drug, a cosmetic, or both under the Federal Food, Drug and Cosmetic Act of 1938, the focus has been mostly on the marketing and promotional claims related to the product, at least based on available FDA guidance, case law, and recent enforcement actions. As the market for cosmeceuticals continues to grow, however, and if more products are formulated with ingredients found in FDA-approved prescription drugs, that focus could change.
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