Mississippi plaintiffs' lawyers, battered by a 2-year fight with medical and business lobbyists, are seeking ways to undermine new laws that limit civil litigants' access and recoveries in the state that has been dubbed a 'tort hellhole.' Meanwhile, the tort reform juggernaut is rumbling into other states.
In the last several weeks, Pittsburgh-based Bayer Corp. has been rapidly settling federal lawsuits and claims involving Baycol, the anti-cholesterol drug it pulled off the market in August 2001 after it was linked to 100 deaths worldwide, two Miami law firms say.
The recent decision by the U.S. Court of Appeals for the Federal Circuit in <i>EZ Dock Inc. v. Schafer Systems Inc.</i>, 276 F.3d 1347 (Fed. Cir. 2002) may well have an impact on the development of biotechnological and pharmaceutical inventions.
Within the context of corporations and other commercial entities, maintaining and preserving the protections afforded by the attorney-client privilege and work-product doctrine require special precautions. If access to information and materials otherwise protected from disclosure is provided to individuals other than those who 'need to know,' then a corporate client may inadvertently waive the protections offered by the attorney-client privilege and work-product doctrine.
Nine years and at least $1 billion ago, class-action plaintiffs settled their claims with makers of silicone breast implants. But one rather weighty party remains unhappy with the deal ' the United States government.
The Supreme Court appears torn over what to do with Maine's discount prescription drug program, which has been challenged by the pharmaceutical industry and the Bush Administration as a violation of the federal Medicaid law.
The U.S. Court of Appeals for the Federal Circuit has taken an increasingly dim view of an accused infringer's attempt to invalidate the claims of a patent-in-suit by alleging that the patentee failed to satisfy the best-mode requirement.
Any company considering an expansion into China should be aware of the specific challenges of Chinese intellectual property law. As the country takes its place in the global economy, many aspects of IP law are evolving quickly. Often, the company with the best IP strategy gains a critical advantage over its competitors.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
