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Drug & Device News
Contaminated Medication: Claims Against Clinic and Doctor Go Forward
A federal judge in Boston has declined to dismiss certain state-law claims against a Dallas clinic and doctor involved in the multidistrict lawsuit based on injuries caused by contaminated lots of medication prepared and distributed by the New England Compounding Pharmacy. Those contaminated products led to a total of 64 bacterial meningitis deaths in various parts of the United States, as well as more than 700 non-lethal illnesses. U.S. District Judge Rya W. Zobel, in In Re: New England Compounding Pharmacy Inc. Products Liability Litigation, determined that claims seeking damages based on violation of the Texas Deceptive Trade Practices Act, negligence and gross negligence, battery and failure to warn could go forward. In addition, the plaintiffs were entitled to seek punitive damages for injuries caused by the epidural steroid injections doled out at the Dallas clinic based on their allegations that the defendants willfully and knowingly failed to follow consumer safety regulations and withheld important safety information from the victims treated by them. According to plaintiffs' steering committee lawyer Mark Lipton of Lipton Law in Southfield, MI, this ruling and others issued by Judge Zobel in August pertaining to clinics in New Jersey and Tennessee show that the court “recognizes that ordinary negligence law is the primary basis for these claims and not more restrictive state malpractice statutes.”
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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.
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.
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?
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.