Drug & Device News
April 02, 2014
Bellwether Trial Opening in Vaginal Mesh MDL <br>NuvaRing Settlement in the Works
Domino's Challenges Joint Employer Liability for Franchisors
April 02, 2014
After more than three years of litigation, delivery workers for four Domino's pizza restaurants in Manhattan are receiving payments for unpaid wages. The payments of nearly $1.3 million began in January and are divided among approximately 60 delivery workers. While rare, the case applied well-settled principles of joint employment under wage and hour law to bring in the franchisor.
SESAC Faces Narrower Claim For Anti-Trust
April 02, 2014
The U.S. District Court for the Southern District of New York refused to throw out part of an antitrust class action brought by television station owners against SESAC, the music licensing organization that represents about 20,000 composers. The ruling came just three months after a magistrate judge in Pennsylvania ruled that radio broadcasters are likely to prevail on similar claims against SESAC.
New Jersey Manufacturers and Punitive Damages
April 02, 2014
As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) (PLA), N.J. Stat. ' 2A:58C-5 (c) (2013), prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. The statute, which in an earlier form was enacted in 2008, provides, in pertinent part:
Cases Involving a Party Who Is a Minor
March 31, 2014
Failure to follow the requisite steps may result in the nullification of actions taken in product liability litigation on behalf of the minor.
Ethics of Settlement
March 27, 2014
Restraints on a lawyer's right to practice law as part of a settlement of client controversy are strictly prohibited. So how does that affect your settlement agreement?
Content Owners' Pursuit of Secondary Infringement Claims
February 28, 2014
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
<i>Pom v. Coke</i> Could Create a Juicy Precedent on Food Labels
February 28, 2014
Food companies will be watching closely a Supreme Court case this spring that could establish the fate of private causes of action challenging food labeling. While the case focuses on federal law, it also has implications for state causes of action. In particular, the class action bar has been prolific in its challenges to food labels, and this case could affect the future viability of such actions.
Legal Issues in What Celebrities Wear At Award Shows
February 28, 2014
For many viewers, the main attraction of Hollywood award ceremonies are the gowns and tuxedos worn by celebrities as they stroll from interview to interview on the red carpet. A positive appearance can be a make-or-break moment for the fashion houses that outfit the stars and bring sought-after attention to the star. But what rights govern the wearing of designer gowns by celebrities at these events? And what rules apply when designers want to make commercial use of the celebrities who wear their creations?
