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Practice Tip: Will the Real Drug Manufacturer Please Stand Up?
June 28, 2006
You are defending a manufacturer in a pharmaceutical product liability action. The plaintiff has testified that she obtained a prescription from her doctor for your client's medication and filled it at a reputable, national chain pharmacy. The doctor's records confirm that the prescription was written and the pharmacy records confirm that it was filled with your client's product. Normally, that scenario would dispel any doubts concerning the adequacy of product identification and you would identify other fronts on which to defend.
The Class Action Fairness Act: The Meaning of 'Commenced' After 1 Year
June 28, 2006
The Class Action Fairness Act ('CAFA') was enacted almost a year and a half ago, signed into law by President Bush on Feb. 18, 2005. 28 U.S.C. §1332(d)(2). CAFA was enacted to help control the 'explosion' in the number of class actions while still allowing the right of access to the courts. As stated by one of the act's proponents, Sen. Orin Hatch, during his keynote address to the American Bar Association conference on class actions, 'truly national class actions should not be heard in remote state courts with little tie to any of the parties involved.' CAFA attempts to rectify this situation by allowing national class actions to be heard in federal courts.
Real Property Law
June 28, 2006
Analysis of the latest cases.
News Briefs
June 28, 2006
Highlights of the latest franchising news from around the country.
Landlord & Tenant
June 28, 2006
The latest court rulings.
Court Watch
June 28, 2006
Highlights of the latest franchising cases from around the country.
Development
June 28, 2006
Recent rulings of interest.
Index
June 28, 2006
Easy-to-read listing of everything contained in this issue.
The Effect of Zoning Amendments on Pending Applications
June 28, 2006
Decided recently by Westchester Supreme Court, <i>Mamaroneck Beach &amp; Yacht Club, Inc. v. Fraioli</i> raises a much litigated issue in New York: When can a municipality apply a newly enacted ordinance to a pending application by a developer?
Sona Squares Off Against Franchisees
June 28, 2006
Sona Laser Centers and Sona MedSpas is locked in an increasingly bitter dispute with some of its original franchisees, involving not only typical franchise issues but also the franchisees' allegations that at least one of the services they offer to customers, a laser treatment for hair removal, does not work. While franchisees have received considerable favorable publicity in the fight to date, Sona executives say that the actions of the franchisees belie some of their complaints, and Sona remains committed to building a national chain of spas.

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