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Case Briefing
Publicity Campaign Puts Plaintiffs On Notice of Claims
Publicity about the dangers of certain diet drugs should have put plaintiffs on notice that they had claims against the doctors who prescribed them, so their lawsuits were time barred, joinder of these physician defendants did not destroy complete diversity, and plaintiffs' motion for remand to state court was denied. In Re Diet Drugs v. Wyeth, MDL Docket No. 1203, Civ. Act. No. 03-20243, 2004 U.S. Dist. LEXIS 9430 (E.D. Penn. 5/15/04).
Plaintiffs, all of whom are resident citizens of Mississippi, filed suits in Circuit Court of Coahoma County MS, for injuries sustained as a result of their use of the diet drugs known as Pondimin and/or Redux against 1) Wyeth, 2) in-state physicians who had prescribed Wyeth's diet drugs Pondimin and/or Redux for plaintiffs, and 3) Interneuron Pharmaceuticals Inc., a manufacturer of phentermine products. Defendants Wyeth and Interneuron Pharmaceuticals are parties of diverse citizenship from the plaintiffs. Ten of the 29 defendant physicians who prescribed Pondimin and/or Redux to plaintiffs are alleged to be citizens of Mississippi. The remaining 19 physician defendants are citizens of Arkansas, Missouri, or Tennessee.
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?