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Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive
Alabama's Supreme Court in January rendered an unusual and potentially far-reaching decision in a case pitting a consumer against several drug manufacturers. While its holding in Wyeth Inc. v. Weeks, 2013 Ala. LEXIS 2 (1/11/13), applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation: those in which a consumer is injured by a generic version of a patented name-brand medication. In addition, while not dispositive, that court's rationale might prove persuasive in other jurisdictions.
An Allegation of Fraud
The Weeks case was instituted by a man who suffered with acid reflux. He took the medication metoclopramide, a generic version of the drug Reglan, which is made by Wyeth LLC, Pfizer Inc. and Schwarz Pharma Inc. The drug products the plaintiff actually took were manufactured by generic drug makers Teva Pharmaceuticals and Actavis Elizabeth LLC. These allegedly caused him to develop the movement disorder tardive dyskinesia, which causes sufferers to make involuntary repetitive movements, like facial tics or rapid finger twitching.
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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
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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?