Merck Faces New Jersey Jury After Big Texas Loss
October 05, 2005
After Merck & Co.'s devastating loss in Texas earlier this month in the first Vioxx case to go to a jury, the nation's eyes now turn to Atlantic City, where New Jersey's first case was set for trial on Sept. 12.
Father Must Pay Support to Child in India
October 05, 2005
An Indian father who remains in the United States while his child and her mother live back in India must pay child support according to U.S. guidelines, a Pennsylvania Superior Court panel has ruled in an apparent case of first impression.
Divorce and the Assignment of Income Doctrine
October 05, 2005
One who is entitled to receive income, including interest or compensation for services, but assigns the income to another before it becomes due, will be taxed on it just as though he or she had actually received it and then paid it over to the assignee. This concept is known as the assignment of income doctrine.
Bias and Prejudice in Custody Evaluations
October 05, 2005
Only fools assert that they are free of biases. Biases come in many forms. Some are personal (held by particular individuals); some are culturally determined; and some come with being human, and affect all of us. Some biases operate consciously; some operate outside the realm of consciousness. Some biases are reasonably foreseeable; some cannot be anticipated. Of significant concern to matrimonial attorneys are those biases that affect the judgment of custody evaluators.
Litigation
October 05, 2005
Recent rulings of interest to you and your practice.
CA Supreme Court Expands Protections for Workers
October 05, 2005
In a pair of recent decisions, the California Supreme Court has significantly widened protections for workers claiming harassment and discrimination under the state's Fair Employment and Housing Act. Taken together, these decisions give California employees protections from job discrimination far beyond those in any other state.
Circuit Split Develops on FMLA Waivers
October 05, 2005
Almost any employer providing exit pay beyond that to which an employee is otherwise entitled expects a release of rights in return. Most waiver agreements cover claims that could be raised under Title VII, the ADA, the ADEA, the FMLA, as well as state anti-discrimination laws. But it just got harder to get a valid release of FMLA claims in the Fourth Circuit.
Looks Can Be Deceiving (and Costly): The Legal Implications of Counterfeit Products to a Pharmaceutical Manufacturer
October 05, 2005
The World Health Organization has estimated that drug counterfeiting affects 5-8% of all drugs, representing approximately $10-$15 billion to the U.S. pharmaceutical market alone. The Food and Drug Administration has estimated that approximately 10% of the drugs in worldwide distribution are counterfeit, with most being sold in developing countries. Not surprisingly, the most commonly counterfeited drugs are those with the largest sales, as well as drugs with high profit margins and drugs that are easier to counterfeit.
