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Drug & Device News
Opioid Addiction Caused By Marketing Misinformation, Plaintiff Argues
Joseph Caltagirone, the father of a young man who died of an accidental methadone overdose after he became addicted to opioids, has appealed the summary dismissal of his case against drugmaker Teva Pharmaceuticals. Caltagirone contends the manufacturer aggressively promoted its fentanyl lozenge product Actiq to physicians as a treatment for a number of ills, even though it was only approved for use by cancer patients and was supposed to be prescribed only by oncologists specially trained in the use of Schedule II opioids. Caltagirone's son was prescribed Actiq for migraine headaches and became addicted. The trial court threw the case out, citing federal preemption and the learned intermediary doctrine. On appeal, attorney Richard Hollawell of the firm of Console & Hollawell asserts in plaintiff's brief that “[t]he law of Pennsylvania is that a jury is to determine whether 'proper and adequate' information has been given by a drug manufacturer to a physician alleged by the defense to be a 'learned intermediary,'” and “[i]t is the defendant manufacturer itself that has misled the intermediary and preserved the causation required to impose liability.”
Woman Fired for Marijuana Use Wins Workplace Discrimination Suit
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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?