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Development
March 03, 2004
Recent cases of interest to you and your practice.
Cooperative & Condominiums
March 03, 2004
The latest cases of importance to your practice.
Landlord & Tenant
March 03, 2004
Recent rulings of importance to you and your practice.
Real Property Law
March 03, 2004
Recent rulings of importance to you and your practice.
Successor Liability of UCC Foreclosure Sale Purchasers
March 03, 2004
As a result of non-eviction co-op conversion plans, many rent-stabilized tenants live in co-operative apartment units. Suppose the apartment's owner overcharges the tenant. May the tenant recover the overcharge from a successor owner who purchased the co-operative unit at a UCC foreclosure sale? That issue, faced by a New York court in <i>Muscat v. Gray</i> (<i>infra</i> page 3 ), raises questions both of statutory construction and public policy.
Free Speech Rights Vs. Deadbeat Dad
March 03, 2004
A woman who was charged with second-degree aggravated harassment and second-degree harassment, violations of Penal Law '' 240.30(1) and 240.26(3) respectively, for allegedly posting handwritten fliers denigrating her former boyfriend and accusing him of failing to live up to his child-support obligations was exonerated by the court in February.
Decisions of Interest
March 03, 2004
Recent rulings of importance to you and your practice.
'International Clients': Beware!
March 03, 2004
If you represent globetrotting clients, be careful! Your married "international" clients who may one day be divorced may face great financial dangers ' or alternatively enjoy significant financial opportunities ' as they travel to and live in different countries.
American Child, Foreign Mother
March 03, 2004
The courts generally favor keeping children who are American citizens in the United States when deciding custody issues. But, this hurdle is not insurmountable for the foreign-national parent.
Gay Partnership: National Developments
March 03, 2004
The latest on what was happening at press-time.

MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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