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COURT WATCH
First 'McLawsuit' Dismissed But Leave to Amend Is Granted
The U.S. District Court for the Southern District of New York recently dismissed, in its entirety, a complaint brought against McDonald's on behalf of parents of children who consumed McDonald's products, alleging violations of state consumer protection laws, negligence in the sale of defective products or the failure to warn of the dangers of over-consumption. Ashley Pelman, et al. v. McDonald's Corporation, et al., F.Supp.2d ', 2003 WL 145584 (S.D.N.Y. 2003).
The plaintiffs allege that McDonald's Corp.'s practices in making and selling its products were deceptive and that this deception caused the children who consumed its products to injure their health by becoming obese. The court noted that the case involved questions of personal responsibility, common knowledge and public health, and the role of society and the courts in addressing such issues. The case was first filed by the plaintiffs in the New York State Supreme Court, Bronx County. McDonald's removed the case to federal court, however, alleging as the basis of the removal that plaintiffs had fraudulently joined non-diverse parties in order to defeat diversity jurisdiction. After removing the case, McDonald's filed a motion to dismiss the complaint in its entirety for failure to state a claim upon which relief could be granted.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.