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Drawing the Line Between Fact- and Expert-Witness Testimony
As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the “expert” testimony in question was actually from a fact witness.
Expert or Lay/Fact Witness
Austin Pledger brought suit against the manufacturer of Risperdal, Janssen Pharmaceuticals Inc., for failure to adequately warn that patients taking the antipsychotic drug could experience abnormal breast growth. When defense testimony began at trial, Janssen called to the stand a biochemist who is employed by the company's parent. The biochemist served as the team leader for Janssen's research and development for Risperdal between 1999 and 2009. He testified that the Food and Drug Administration (FDA) repeatedly approved Risperdal and its expanded use in treatment of children, like Austin, who had been diagnosed with autism.
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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.
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.
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?