The Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.
The U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.
As an initial matter, it is patent that, following <i>Global-Tech</i>, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change.
Is the benefit test a separate element of liability or an aspect of another element, like breach of duty or scienter? And what counts as a sufficient "benefit"?
In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...
The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.
The state Senate passes legislation to authorize gay and lesbian couples in New Jersey to marry, but with fewer votes than needed to override Gov. Chris Christie's expected veto of the bill.
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.
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.
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.
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 U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
