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Case Notes
Experts' Testimony Passes Reliability Test
The U.S. Court of Appeals for the Ninth Circuit has reversed the dismissal of a suit against a pharmaceuticals manufacturer after finding that the district court erred in excluding the plaintiffs' expert medical testimony as unreliable. Wendell v. Glaxosmithkline LLC, 2017 U.S. App. LEXIS 9787 (9th Cir. 6/2/17).
The case involves a boy with irritable bowel syndrome (IBD), Maxx Wendell, who at the age of 12 was first prescribed mercaptopurine (6-MP), an immunosuppressant drug manufactured at that time by GlaxoSmithKline (GSK). The drug, one of a class of drugs known as thiopurines, was marketed under the name Purinethol. It was not FDA-approved for treatment of IBD, but was commonly prescribed for such patients. Maxx took the drug for eight years.
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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
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Legal Possession: What Does It Mean?
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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?