Supreme Court Handles Device Makers a Victory
The U.S. Supreme Court in February tackled an issue that has come up frequently in lawsuits brought by plaintiffs claiming they've been injured by medical devices: Do the Medical Device Amendments of 1976 preempt state law-based claims against device manufacturers? The Court had partially answered the question in <i>Lohr v. Medtronic</i>, but the fact situation in that case did not necessarily make its decision applicable to other cases against medical devices manufacturers.
Case Briefs
Highlights of the latest insurance cases from around the country.
All About Captives
A captive is a privately held insurance company, and it can be a subsidiary of the insured business. It issues policies, collects premiums and pays claims, just like a commercial insurer; however, it does not offer insurance to the public. Developing and initiating a captive program may not be suitable for all companies, but by employing the tactics outlined in this article, you can make the decision that best suits your company's needs.
Bit Parts
Celebrity Indicia/Licensee's Web Site<br>Film Exhibition/Use Tax<br>Film Production/Copyright, Unfair-Competition Claims<br>Right of Publicity/Counting Statutory Claims
Sponsored Linking Can Ruffle Feathers
In <i>Boston Duck Tours, LP v. Super Duck Tours, LLC</i>, the District Court of Massachusetts ruled that sponsored linking qualifies as 'use in commerce' for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, in holding that sponsored linking falls within the purview of the Lanham Act, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline-trademark principles. Rather, these courts seem inexplicably intent on reinventing the wheel and expanding the scope of Lanham Act protection to include Web-based activities that are virtually imperceptible to consumers.
Contacting Class Members Before and After Class Certification: The ABA's View
A question often faced by counsel in a class action is whether to contact absent class members. Pre-certification communications, for example, can be valuable to develop a more complete evidentiary record on the issue of whether a class should be certified in the first place. Courts have not always agreed whether therules of professional conduct permit these communications. American Bar Association Formal Opinion 07-445, issued in April 2007, supports the view that the rules of professional conduct permit these valuable communications before a class is certified.
Will Metal Bats Make a Hit? Product Liability and the Legislation of Baseball
Recent attempts to ban the use of non-wood baseball bats, based on the perception that they may have changed the game and increased the potential for injury, have gained more steam and publicity. Proponents of a ban appear to be more prone to raise the issue in legislative forums where strict product liability standards are not necessarily controlling.
Movers & Shakers
News about lawyers and law firms in the product liability field.
