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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.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.