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When does a cause of action accrue for an injury caused by an implanted medical device?
This is a question that usually comes up when determining whether an allegedly injured plaintiff has brought his or her lawsuit in a timely enough manner to keep the claim from being thrown out on statute of limitations grounds. But if the case has been settled, or tried to a verdict that is not appealed, aren't we done with this question?
Maybe not. The date of injury and accrual of a product liability cause of action might also impact on bankruptcy creditors, as evidenced by the recent dispute decided on appeal by U.S. District Court Judge Joseph F. Bianco in Mendelsohn v. Ross, 2017 U.S. Dist. LEXIS 70982 (E.D.N.Y 5/9/17). The case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
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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.
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