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<b><i>Practice Tip:</i></b> Starting Medical Device Mass Tort Actions
A medical device case poses numerous pleading problems ( See “Practice Tip: Pleading Medical Device Complaints,” LJN's Product Liability Law and Strategy, August, 2011, http://bit.ly/1OVGLm7); however, before one even reaches the pleading stage there are major hurdles to consider.
If a firm is “lucky” enough to be retained on 100 such cases, the legal triage begins immediately. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable and that is no small task. Ever since Daimler v. Bauman and Goodyear v. Brown were decided by the Supreme Court, jurisdiction over out-of-state manufacturers has become an unstable issue in every case where a plaintiff has been injured by a product designed and manufactured outside of the plaintiff's state of use. (See “Jurisdiction in Product Liability Cases after 2014,” LJN's Product Liability Law and Strategy , March, 2015, http://bit.ly/1FRK1MO).
Jurisdiction
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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.
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?