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Case Briefing
Fraudulent Joinder Not Found After Second Suit Filed Against Manufacturer
Plaintiffs were allowed to join additional defendants to their product liability action pursuant to Fed. R. Civ. P. 20 and to remand the action to state court because the joinder, which destroyed complete diversity, was not fraudulently motivated. Hunt v. Stryker Corp., 2004 U.S. Dist. LEXIS 3896 (S.D.N.Y. 3/10/04).
Plaintiffs are a husband and wife who brought suit in 2000 in the Supreme Court of the State of New York, New York County, against the wife's doctor and hospital following implantation of a hip replacement device. The device fractured and failed in under 3 years, prompting their suit alleging medical malpractice and negligence
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?