Product Liability Suit Pre-empted by Federal Vaccine Act
October 30, 2008
A Philadelphia judge recently ruled that a federal law governing the liability of pharmaceutical companies for drug vaccines pre-empts state tort claims of design defect and failure to warn in the product liability case of an 11-year-old boy who has autism.
A Multidistrict Litigation Primer
October 30, 2008
What do FEMA trailers, peanut butter, Viagra, pet food, tires, implantable defibrillators, Agent Orange and iPods have in common? A really weird dream? Maybe. Mass product liability litigation? Ding!
Practice Tip: Foreign Statutes of Limitations
October 30, 2008
When you file a suit on behalf of an out-of-state plaintiff, the state in which you file may have a borrowing statute. This type of statute usually prevents forum shopping by requiring the out-of-state plaintiff to file his case in the forum state within the statute of limitations permitted by his home state. Following is an analysis of this situation.
Wyeth v. Levine
October 30, 2008
One of the great dramas playing in the theater of American jurisprudence is the epic struggle that roils pharmaceutical labeling. Simply put, the labeling issue confronting the Supreme Court this term is: Who decides the adequacy of drug labeling ' the FDA or a jury of plaintiff's peers?
DMCA: A Safe Harbor for Video Sharing?
October 29, 2008
As the popularity of Web video continues to grow, so too does the potential for contributory copyright infringement on popular video-sharing Web sites. These Web sites become venues for infringing behavior, simply due to the sheer number of users uploading new videos daily. Consequently, content owners have contended that such Web sites must take a greater role in stemming their users' infringement. The Web site owners have countered that they need only follow the dictates outlined by the DMCA safe harbors that can immunize service providers from copyright liability. Thus, both sides continue to dispute what it means to be compliant with the DMCA. They also dispute which entity should bear the ultimate responsibility for policing video-sharing sites for infringing content: the Web site owner or the content owner.
Changing Internet Pharmacy Legal Standards
October 29, 2008
Telemedicine, on the scene medically and legally for several decades, is an area ' in the form, strictly speaking, of providing some kind of health care or health-care products or services ' under the Big Top of the e-commerce fair that is subjected regularly to regulatory scrutiny, debate, enforcement actions, improvements and all the other aspects of e-commerce, although sometimes at a slower pace than within the sector's other channels.
SEC Guidance On Company Web Site Use
October 29, 2008
Over the last several years, rapid developments in technology and the Internet have significantly enhanced the quantity and quality of e-commerce, products and information available to the public. One area of online business interaction, though, that particularly benefited recently is the information that corporate investor can find on a company's Web site. In August, the SEC, acknowledging the significant technological advances since the SEC last provided guidance on Internet issues relating to the Securities Act of 1933, issued an interpretive release providing updated guidance on the disclosure of investor information on company Web sites.
Mandatory Wellness Programs
October 29, 2008
While often a healthy asset for organizations, the increasing use of mandatory wellness programs can also present liability risks for companies, including potential violations of employee privacy rights, the federal anti-discrimination laws, such as the Americans With Disabilities Act (ADA), the Health Insurance Portability and Accountability Act, and state legislation regarding the regulation of an employee's lawful off-duty conduct.
