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Bit Parts
November 01, 2003
Recent developments in entertainment law.
Cameo Clips
November 01, 2003
Recent cases in entertainment law.
Court Rulings on Industry Attorney Fees
November 01, 2003
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are court rulings from recent months that deal with this and related concerns. In future issues, <i>Entertainment Law &amp; Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Negotiating Termination Provisions in Film Talent and Distribution Deals
November 01, 2003
Entertainment attorneys spend a significant part of their time putting deals together and creating agreements reflecting those deals. But these lawyers may occasionally be called on to terminate ' in an amicable fashion ' an agreement that they or someone else has prepared.
Case Notes
November 01, 2003
Highlights of the latest product liability cases from around the country.
Psychological Disorders: Understanding the Criteria for Admissibility of Expert Opinion
November 01, 2003
Psychologists, psychiatrists, and licensed social workers routinely testify as experts in both criminal and civil cases in which the mental condition of an individual is at issue. While the credentials and qualifications of such experts may not always be subject to challenge, the reliability and relevance of their proffered testimony should be examined closely. Regardless of the conclusion generated, the inquiry into a mental health professional's opinion must be one that looks to the principles and methods used, not the ultimate conclusion reached. <i>Daubert v. Merrill Dow Pharmaceuticals, Inc.,</i> 509 U.S. 579, 595 (1993).
American Manufacturers Beware: Product Liability in the European Union
November 01, 2003
Until recently American manufacturers were not likely to be sued in Europe. Now, however, with legislation enacted by European Union Member States, an American manufacturer may be found strictly liable for a defective product.
Practice Tip: Prove Your Case with Circumstantial Evidence of Defect
November 01, 2003
In order to recover for any injury caused by a product, the product must be proven to have been defective. Yet many product injuries are caused by defects that are not readily ascertainable. Does that mean you should reject the case or discontinue?
EPA Documents Are Available Online
November 01, 2003
If you are involved in litigation concerning a substance regulated by the Environmental Protection Agency (EPA), the agency has a Web site where you can review dockets and documents: <i>http://cascade.epa.gov/RightSite/dk_public_home.htm.</i> EPA Dockets (EDOCKET) is an online public docket and comment system designed to expand access to documents in the EPA's major dockets. Dockets contain Federal Register notices, support documents, and public comments for regulations the Agency publishes and various nonregulatory activities.
Dueling Provisions: Creditor Prevails in Showdown Between Bankruptcy Code Sections
November 01, 2003
A Missouri bankruptcy court has permitted a creditor to take possession of spare aircraft parts and equipment from a debtor despite the fact that the creditor failed to perfect its security interest in the equipment. In an issue of first impression in the Sixth Circuit, the court held that under the plain language of Section 1110 of the Bankruptcy Code, a creditor, as a conditional vendor, had a right to take possession of the collateral pursuant to its agreement with the debtor, and that this right was not limited or otherwise affected by any other section of the Code (including Section 544) or by any power of the court. <i>Vanguard Airlines, Inc. v. International Aero Components, Inc.,</i> 295 B.R. 908 (Bkrtcy.W.D.Mo.,2003).

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