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Judge Won't Stop Suit Against Clinical Lab
In a ruling that breaks new ground in the area of drug products liability, a federal judge has refused to dismiss negligence and fraud claims against a clinical laboratory for allegedly conspiring with a drug manufacturer to mislead the FDA.
The suit alleges that the conspiracy was designed to win approval of a drug which, the plaintiff claimed, later caused complications during her spinal surgery and left her wheelchair-bound. In her 20-page opinion in Wawrzynek v. Statprobe Inc., U.S. District Judge for the Eastern District of Pennsylvania Gene E.K. Pratter rejected a defense argument that a laboratory cannot be held liable for the work it performs in assisting a pharmaceuticals company in conducting its clinical trials.
“While it is true that laboratories are rarely found to have a duty to a third party, the facts here are unique in that Statprobe appears to be more intimately involved than a typical clinical data researcher and analyst and the facts alleged do articulate allegations that Statprobe participated in misleading the FDA and, by extension, the public,” Pratter wrote. Significantly, Pratter also found that the plaintiff was entitled to a tolling of the statute of limitations because her lawyers did not learn of Statprobe's role in the alleged fraud until they received documents in discovery in a suit against the drug's manufacturer, Gliatech Inc. The ruling is a victory for attorney Daniel L. Thistle of Philadelphia, who filed the suit on behalf of Eileen Wawrzynek.
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?