Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Briefing
Absent Private Right of Action, Removal to Federal Court Barred
A lawsuit by the State of Minnesota against a pharmaceutical company for violation of various state laws was improperly removed from state to federal court because although resolution of a substantial federal question was required to settle the issues, the federal statute conferred no private right of action for its violation. Montana v. Abbot Labs, Civ. Action Nos. 02-12084-PBS, 02-12085-PBS, 02-12086-PBS, 03-10069-PBS, 2003 U.S. Dist. LEXIS 9890 (6/11/03).
Plaintiff State of Minnesota brought these actions against the pharmaceutical company alleging the company violated state law by fraudulently misrepresenting prescription drug prices. Defendant removed the suit from state court on the ground that plaintiff's claims raised federal questions, because the outcome of the claims turns on the meaning of “average wholesale price” (AWP) in the federal Medicare statute, 42 U.S.C. '1395u(o). Plaintiff argued in support of its bid for remand to state court that any federal issues were not substantial enough to confer jurisdiction and that Pharmacia's statutory argument was simply a defense, which is not a ground for removal.
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
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.