International Franchising 2006: Why Attorneys Need to Know the Laws in Other Countries
January 04, 2006
In many countries around the world, concepts that are common in the United States are considered exotic to the local populace. Furthermore, as more and more Americans travel abroad, they welcome the sight of a familiar brand from "back home." As a result of these two factors, when U.S.-based franchisors seek to expand abroad, they often find a ready audience. In fact, many franchisors get their first taste of international franchising when they are approached by a potential franchisee, asking for the opportunity to obtain franchise rights to a particular country or region of a country. It is only later that the franchisor actually begins to focus on active development of franchises outside the United States.
Testimony from Life Partners
January 04, 2006
Attorneys representing clients in same-sex, committed relationships sometimes are unprepared to deal with opposing counsel's efforts to seek testimony disclosing the content of communications between a client and his or her same-sex life partner. In many jurisdictions, the non-client partner will be unsuccessful in asserting a privilege not to disclose this information, and forced at deposition -- and maybe at trial -- to divulge statements made by the client. Clients challenging the harms of negligence, medical malpractice, and even intentional torts have experienced a second round of harm as they watch a loved one testify about what they believed were secret exchanges.
New York Marriage Challenge Moves to Highest Court
January 04, 2006
Same-sex couples have no constitutional right to marry, New York's Appellate Division, 1st Department, ruled on Dec. 8, in the first decision by a state appeals court to address the issue. Rejecting a constitutional challenge, Justice Milton L. Williams wrote for a 4-1 majority that the state's limitation of marriage to a "union between one man and one woman" is based upon "innate, complementary, procreative roles, a function of biology, not mere legal rights." Joining in the majority decision were Justice James M. Catterson, George D. Marlow, and John W. Sweeny Jr.
Same-Sex Marriage As an Issue of 'Tolerance,' Not 'Acceptance'
January 04, 2006
When it comes to same-sex marriage and related issues, proponents of equality often are divided over how they should make their case politically, socially, and in the courts. Some LGBT advocates believe that direct challenges are necessary to highlight the inequities faced by same-sex couples, while others counsel a more incremental and/or indirect approach. One of America's most prominent analysts of social change considered this issue recently, and he came down solidly on the side of a less-aggressive approach, arguing that many Americans who are now considered in the category of opposing same-sex partnerships actually would support them if the issue was properly framed.
Domestic Partnership Benefits and the States
January 04, 2006
When the Human Rights Campaign began tracking companies offering domestic partnership benefits in 1989, the list comprised less than two dozen entities. Today, there are more than 8000 American companies offering domestic partnership benefits, including roughly 230 of the Fortune 500 companies. Of these companies, 95% offer domestic partnership benefits to both same-sex and opposite-sex couples, while 5% offer the benefits only to same- sex couples.
Insurer Permitted to Recoup Defense Costs Under Quantum Meruit Theory
January 04, 2006
Predicting what the Texas Supreme Court would do, the U.S. District Court for the District of Minnesota has allowed an insurer to recover defense costs expended in defending its insured in a liability action. Extrapolating from, and expanding on, a Court of Appeals of Texas opinion, the Minnesota court used a <i>quantum meruit</i> theory to allow the insurer to recoup its defense costs.
Causes of Action for Loss of Cryopreserved Embryos
January 04, 2006
There has been much discussion of the ethics and liability issues created by recent advances in reproductive science. While fertility treatments allow couples that might otherwise not be able to conceive or carry a baby to term create much-wanted families, fertility clinics and the health care professionals working in them are dealing with a highly emotional issue. When patients don't get the results they wanted -- particularly when mistakes are made -- the chances of being sued run high.
Drug & Device News
January 04, 2006
Recent developments of importance to you and your practice.
Experts on Juries
January 04, 2006
As blanket occupational exemptions for jury duty become a relic, litigators are split on whether there is a need for specific jury instructions to keep jurors from relying on their expertise in evidentiary matters. This issue tends to be particularly troubling for medical malpractice attorneys, as the pool of potential jurors with knowledge of medical issues -- doctors, nurses, physical therapists, etc. -- is so large. One court system -- New York's - instructs professionals to keep their expertise outside of the jury room. No other court currently singles out professional jury-deliberation conduct in jury instructions.
Federal Preemption and Tort Claims
January 04, 2006
For medical device manufacturers, federal preemption can be a powerful defense to state tort claims. Although there is some split of authority, most federal courts of appeals that have addressed the issue have held that when a medical device reaches the market via the Food and Drug Administration's (FDA) rigorous "premarket approval" (PMA) process, many state common law claims are expressly preempted by the Medical Device Amendments (MDA) of 1976.
