Come 'Hell or High Water' NorVergence Causing a Stir over Documentation
So-called "hell or high water," "waiver of defense" and lessor favorable "submission to jurisdiction" clauses have long been cornerstones of equipment finance documentation. But, the unfolding debacle over the last year involving a company called NorVergence has cast an unfavorable light on these important provisions and, in doing so, entangled most of the top players in the leasing industry.
Case Briefs
Highlights of the latest insurance cases from around the country.
Case Notes
Highlights of the latest product liability cases from around the country.
Practice Tip: Use Caution When Relying on Governmental Reports
Product failures are often investigated by official agencies. For example, the National Highway Traffic Safety Administration ("NHTSA") will often report on automobile defects as well as traffic accidents; the National Transportation Safety Board ("NTSB") investigates aviation accidents, and the Coast Guard investigates maritime disasters.
Sweeping Litigation Reform Expands Federal Jurisdiction over Class Actions
On Feb. 18, 2005, President Bush signed into law the Class Action Fairness Act of 2005 ("CAFA"), which will apply to any civil action commenced on or after the date of enactment. CAFA is the first major litigation reform legislation to pass Congress in nearly a decade and arguably represents the most significant change in class action law in the United States since the adoption of Rule 23 of the Federal Rules of Civil Procedure in 1967.
Online: Learn About Breast Implants
The Implant Information Project ("The Project"), located at <i>www.breastimplantinfo.org</i>, is a new Web site sponsored by the National Research Center for Women & Families, a nonprofit, nonpartisan organization that is dedicated to improving the health and safety of adults, teens, and children. It provides up-to-date information about the latest research on breast implants, so that teens, women, and their families have the information they need to make appropriate decisions.
Should We All Move to Canada?
The high cost of prescription medications in the United States has been troubling health care providers and their patients for years. Physicians worry that it will do no good to prescribe a medication to someone who won't be able to afford to buy it, and patients who try to save money by taking less than the prescribed dose worry that that they're putting their health in danger. Any failed medical treatment that harms a patient is fertile ground for a lawsuit against the physician, even if he or she is not the one to blame. Should medical practitioners suggest imported drugs to their patients who might otherwise not be able to afford their prescribed medications?
Hyperlinking As Infringement
Can hyperlinks on one Web site that link to another site where copyrighted materials are displayed constitute copyright infringement? Although at least two earlier decisions have declined to recognize the potential of copyright infringement from the mere use of such hyperlinks, the recent Indiana federal district court case, <i>Batesville Services, Inc v. Funeral Depot, Inc.</i>, concluded that a defendant's use of hyperlinks on a Web site that link to copyrighted material on another Web site could constitute copyright infringement.
