Relearning the Learned Intermediary Doctrine
December 31, 2013
In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.
Case Notes
December 31, 2013
MA Federal Court Holds 'Economic Loss Doctrine' Does Not Bar Claim for Breach of Implied Warranty
Drug & Device News
December 31, 2013
New Plan in Mesh Litigation <br>Change Would Let Generic Drug Companies Make Not-Yet Approved Label Changes<br>Trial over Billion-Dollar Molecules Yields $400,000 Verdict
Practice Tip: Medical Expenses In CA
December 31, 2013
Damages in product liability personal injury cases inevitably involve medical expenses. Depending on the nature and extent of the injury, those medical expenses can generate extraordinarily high numbers. When it comes to recovering medical expenses, the question in determining the amount of damages often turns on what number can be presented to the jury.
Quarterly State Compliance Review
December 31, 2013
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2014. It also looks at four recent decisions of interest from the Delaware courts.
Will Fracking Become the Next Mass Tort?
December 31, 2013
Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs' bar.
Court Watch
December 31, 2013
Preliminary Injunction Issued Against Franchisees That Disregarded Pricing Promotion <br>Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant<br>Presidential Executive Order Gives Ford Right to Terminate Syria Contract
E-mails and Privilege for In-House Counsel
December 31, 2013
Courts employ a heightened standard when companies attempt to shield their employee'in-house lawyer communications under the attorney-client privilege. The dominant reason for this scrutiny is the recognition that employees often involve in-house counsel in business and legal-related conversations, forcing courts to scrutinize whether the putatively privileged communication pertained to legal or business advice.
Post-Termination Enforcement of Franchise Agreements
December 31, 2013
A particularly vexing issue for franchisors is enforcing the post-termination obligations against the former franchisee, and against others acting in concert to usurp the benefits of the franchise relationship after it has expired or terminated. A recent decision in New Jersey federal court provides some insight on how to address these issues.
