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Case Notes
Plaintiffs May Recover Damages for Mental Anguish
Plaintiffs in product liability suits under the Federal Employers Liability Act (FELA) may recover damages for mental anguish resulting from the fear of developing cancer. Norfolk & Western Railway Co., v. Ayers, No. 01-963, U.S. S. Ct., March 10, 2003.
Six former employees of Norfolk & Western Railway Co. (Norfolk) sued Norfolk under the FELA, claiming that it had negligently exposed them to asbestos and caused them to contract asbestosis. The plaintiffs sought damages for mental anguish based on their fear of developing cancer. The Circuit Court of West Virginia instructed the jury that the plaintiffs were entitled to such damages and the jury returned a verdict awarding damages to each plaintiff. The West Virginia Supreme Court denied discretionary review, but the U.S. Supreme granted certiorari.
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Major Differences In UK, U.S. Copyright Laws
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.
The Article 8 Opt In
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
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