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Case Briefing
Physician's Testimony Allowed over Objections
In a wrongful death action, the Court of Appeals of Arkansas, Division One, upheld a jury's award of compensatory damages and $4 million in punitive damages against Arrow International, the manufacturer of a device that facilitates insertion of a catheter into a patient's body, despite Arrow's objections concerning the qualifications of plaintiff's physician witness. Arrow International Inc. v. Sparks, CA 02-75, 2003 Ark. App. LEXIS 107 (2/12/03).
Plaintiff, the administratrix of decedent's estate, sued the doctor, the hospital and Arrow for her father's wrongful death. After settling with the doctor and hospital, the case proceeded to trial, where the jury awarded $700,000 in compensatory damages (25% apportioned to Arrow, making it liable for $125,000) and punitive damages. After hearing testimony from plaintiff's physician witness that decedent's excessive bleeding could not have occurred in the manner asserted by Arrow, the jury found that Arrow's percutaneous sheath introducer, which has two parts, was inherently dangerous and that the separation of the two parts caused decedent to bleed to death.
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.
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.
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.
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?