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Vioxx Pact Isn't the End -- It's a Beginning
While touted as a virtual end to Vioxx litigation, the recent $4.85 billion settlement struck by Merck to resolve products liability claims does not get the pharmaceutical giant out of the woods. In reality, a number of lawsuits are still pending against Merck in both state and federal courts around the country, as well as foreign cases. Other pending actions within the U.S. include suits brought by states' attorneys general, insurance companies, shareholders, and Merck's employees and unions.Hyde Amendment fee awards rarely granted
Federal judges have long held the power to force the government to pay legal bills in criminal cases where government lawyers did not play fair. But the so-called "Hyde Amendment," the mechanism to recoup the cost of a defense, is rarely successful.Ballot measures face criticism
ATLANTA AP - Lobbyists for teachers typically don't have much in common with conservative anti-tax advocates and government watchdogs.But the unlikely coalition recently came together outside an Atlanta elementary school with a shared purpose: to warn about constitutional Amendment 2, which would allow school tax dollars to help subsidize economic development projects around the state.No Need to Pay Health Premiums Beyond Maintenance, Court Says
Trial judges usually defer to higher courts and summon the wisdom of learned jurists in justifying their opinions. But Acting Supreme Court Justice Richard Dollinger invoked Gilbert and Sullivan as he parsed and applied an "ambiguous" holding from the Fourth Department.'INSpire': Fifth Circuit Rejects Group Pleading Doctrine
John A. Neuwirth, a partner at Weil, Gotshal & Manges, writes that plaintiffs have long utilized the technique of "group pleading" to ensnare company officers and directors as defendants in securities fraud actions without having to plead specific facts regarding what role each defendant played in the alleged misleading statements or omissions.Conducting Internal Corporate Investigations
When dealing with internal corporate investigations, in-house counsel must evaluate whether the results can be protected by the attorney-client privilege and whether client and nonclient participants are being dealt with fairly. In addition, it is important to recognize that even when handled properly, the results of the investigation may well have to be disclosed.Small business accelerates as new jobs precede Fed's easy money
Small businesses are bouncing back as access to lending eases and consumers ramp up purchases. This would be welcome news for policy makers struggling to spur the world's largest economy and bring down unemployment stalled near a 26-year high, because small companies account for 60 percent of job creation, according to Federal Reserve Chairman Ben S. Bernanke. The Fed said Nov. 3 it plans to buy another $600 billion of Treasuries, citing "disappointingly slow" progress in the recovery.E-Legal: Will California's Tough Anti-Spam Law Fly?
In the surprising absence of a federal law that grapples with spam head-on, about 35 states have enacted their own laws to try dealing with the problem. California Gov. Gray Davis just signed into state law arguably the toughest anti-spam law in the country. But will this new law work in combating spam, and will it pass constitutional muster? Only time will tell.Trending Stories
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