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We found 2,772 results for "Product Liability Law & Strategy"...

Practice Tip: Is <i>Ex Parte</i> Communication with a Physician OK?
July 02, 2014
Because <I>ex parte</I> meetings and discussions with treating physicians can be so informative, they are often seen as invaluable tools for any party permitted to meet with treating physicians. But is this OK?
The Death Benefit Only Plan for Non-Profits
July 02, 2014
The Death Benefit Only (DBO) Plan for Non-Profits is an arrangement in which the employer, a 501(c) non-profit organization, agrees to pay the actuarially determined cost of the current death benefit on a permanent life insurance policy to be owned by the employee or employer. The employer and employee enter into a written agreement that ordinarily requires the employer to make premium payments as long as the employee works for the employer.
Industrial and Warehouse Leases
June 02, 2014
The variety of potential uses for the building can make an industrial lease extremely complex. Under-negotiation of the lease by either landlord or tenant can result in unexpected costs and issues.
First-Amendment Defenses Against Whistleblowers
June 02, 2014
The First Amendment prohibits restrictions on speech, including compelled speech. However, mandatory disclosures have long been the linchpin of several major regulatory schemes.
Bit Parts
June 02, 2014
Harlequin Authors' e-Book Royalties Suit Continues on "Unrelated Licensees" Rate Claim<br>New York Federal Court Sees No Joint Venture in Agreement Between Slip-N-Slide Records and Island Def Jam Music
Practice Tip: The Rule Against (Liability in) Perpetuity
June 02, 2014
Given the contrary positions taken by the Fourth, Fifth, and Ninth Circuit Courts of Appeal regarding the interpretation of CERCLA ' 9658, the Supreme Court's grant of certiorari in <I>Waldburger</I> is not only timely, but essential to providing manufacturers protection from stale claims ...
The 'Going and Coming' Rule
June 02, 2014
Although the "traveling employee" exception to the "going and coming rule" is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule.
Drug & Device News
June 02, 2014
Discussion of several key news items of importance to legal practitioners.
Food Labeling Claims: Differing Approaches
June 02, 2014
A recent decision by the federal court for the Eastern District of New York provides an interesting analysis of the various elements of class certification as applied to food or beverage cases, and re-emphasizes the difference in approach by the federal circuits.
Medical Monitoring
June 02, 2014
Courts typically treat medical monitoring as a potential remedy for a traditional tort claim. In such cases, plaintiffs allege exposure to toxic substances as a result of a defendant's tortious conduct; yet at the time the action is commenced, plaintiffs are asymptomatic and allege no physical injuries.

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  • 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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