Civil Sexual Assault Episode 6: Changes in the area of Civil Sexual Assault
Civil Sexual Assault Episode 5: Assessing Sexual Assault Claims
Civil Sexual Assault Episode 4: Challenges Facing Institutions Subject to Sexual Abuse Claims
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
Civil Sexual Assault Episode 3: Challenges Facing Survivors Seeking Redress Through the Civil Courts
The Keys to Assessing Sexual Abuse Claims - Civil Sexual Assault Episode 2
Civil Sexual Assault: Options for Redress
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
What is Subrogation and How Does it Affect Settlement Amounts?
Superman's Legal Duty
Gene Grabowski on Pharmaceutical & Medical Devices
Best Practices: Institutional Response to Sexual Misconduct (Podcast)
What Money Damages Are Available In A Personal Injury Claim?
Do you know the restrictions for a probationary driver in New Jersey?
Car Accidents and the Things You Need to Know
Webinar: Investigating and Resolving Sexual Assaults on Campus
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
Money Talks: Safe Places & Breach of Security (Part I)
The Rise of Cyber Attacks -
On October 3, 2013, Adobe Systems Inc., the computer software giant responsible for staple software products such as Adobe Acrobat and Photoshop, announced that its security team had...more
As detailed on this blog before, the immunity from "publisher or speaker" liability for interactive computer service providers under the Communications Decency Act (CDA) is broad and generally encompasses a wide variety of...more
In recent years, causes of action for “failure to train,” or allegations predicated on a duty to train, have been on the rise in cases against medical device manufacturers. Historically, however, such claims and allegations...more
9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit -
The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more
Courtney Love goes to trial, in a suit by her former attorney, based on a social media message that accused the attorney of being “bought off.” A Yelp user and the contractor she criticized go at each other in court over...more
On January 21, 2014, the Pennsylvania Supreme Court held in a 4–2 vote in Lance v. Wyeth, 2014 PA. 17 EAP 2011 (PA Supreme Court 2014), that a pharmaceutical company for the first time under Pennsylvania law may face...more
In This Issue:
Judgments, Commentary, Legislation, and Reports.
Excerpt from Commentary:
Australian Professional Indemnity Blog -
3 February 2014 - Western Australia (WA) disciplinary tribunal...more
Experienced First Amendment lawyers know that websites hosting user-created content are extremely difficult to sue for defamation. This is due to Section 230 of the Communications Decency Act of 1996, codified at 47 U.S.C. §...more
There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more
Issuing an opinion over two years after oral argument, the Pennsylvania Supreme Court ruled last week in Lance v. Wyeth that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs....more
Product liability law in Pennsylvania has been fundamentally altered as it relates to the manufacturing and selling of prescription drugs. Manufacturers are now subject to design defect claims following a recent state Supreme...more
In a stunning decision with broad implications for pharmaceutical companies in Pennsylvania and elsewhere, the Supreme Court of Pennsylvania has held that plaintiffs may assert negligence claims against pharmaceutical...more
If only one of Target, Snapchat, Facebook, Twitter, Adobe, and so on and so forth, had suffered a serious data breach within the last few months that would be sufficiently troubling. Yet data breaches have become so...more
On January 14, 2014, the Connecticut Appellate Court issued a decision in Recall Total Information Management, Inc., et al. v Federal Insurance Company, et al., __ Conn. App. ___, 2014 WL 43529 (Conn. App. Ct. Jan 14, 2014),...more
In This Issue:
- Excerpt from Reports:
Australia. Department of Health & Ageing -
..1 November 2013 - GPs can now order subsidised magnetic resonance...more
Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more
Introducing TCPA Connect -
On October 16, the FCC's updated Telephone Consumer Protection Act (TCPA) regulations finally took effect. The new rules pose significant challenges for companies seeking to communicate with...more
Last Thursday, the New York Court of Appeals ruled in a 4-3 decision that a man may bring a negligence claim against a drug testing company for a false positive drug test.
At the time of the disputed test results, Eric...more
We all know by now that we live in a world in which information is delivered visually, and that people learn best when they have visual aids. Attorneys who head to court with demonstratives to show as well as tell their case...more
Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more
Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma -
Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more
How can a website operator lose the broad immunity for liability associated with user-generated content conferred by Section 230 of the Communications Decency Act (CDA)?
Section 230 has been consistently interpreted by...more
On 5 September 2013 the District Court in Mönchengladbach rejected the claim brought by a history professor (plaintiff) against Google (defendant). The plaintiff’s claim for cease and desist targeted at the deletion of a link...more
Judge Alsup out of the Northern District of California recently issued a decision relating to HP's App Catalogue's (its online store) sale of an app called "Chubby Checker," an app that estimates the size of a male's anatomy...more
In a recent decision issuing from the Central District of California, the court evaluated requirements pertaining to federal preemption and pleading, and granted Medtronic, Inc. and Medtronic Sofamor Danek, USA, Inc.’s...more
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