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January 18, 2013 |

Pfizer Seeks Court-Appointed Science Expert in Zoloft Multidistrict Litigation

The judge presiding over the federal Zoloft multidistrict litigation said that she could benefit from a court-appointed, "truly neutral expert," but that it is too early in the life of the litigation for such an expert to be appointed.
4 minute read
March 10, 2003 |

5 minute read
April 26, 2005 |

2nd Circuit Orders Judge to Review Benefit Denial

The 2nd U.S. Circuit Court of Appeals does not recognize a "substantial compliance" exception for benefit plan administrators who fail to meet deadlines for formally denying disability benefits under ERISA. The circuit said that the "plain language" of regulations setting deadlines under the act "precludes the judicial creation of a 'substantial compliance' doctrine."
5 minute read
August 28, 2013 |

Should Employers Consider Obesity A Protected Disability?

The Centers for Disease Control and Prevention report that more than one-third of adults in the United States are considered "obese."
6 minute read
April 26, 2013 |

Can a Franchisor Have Employer Liability for Franchisee's Torts?

The hallmark of a franchise relationship is that the franchisor allows independent businesspeople to share in the good will represented by the trademarks in the distribution of goods or services.
5 minute read
November 26, 2008 |

Penn is superb as 'Milk'

I really hate it when a favored punching bag turns on you and becomes, well, impossibly impressive.Such is the case with Sean Penn, whom I've beaten up for years yes, even for "Mystic River". His performances in "I Am Sam" and "All the King's Men" were tour de forces of unparalleled scenery-chewing.
4 minute read
October 01, 1999 |

Judge Dismisses Civil RICO Suit Against Aetna

A federal judge in Philadelphia dismissed a class-action RICO suit against Aetna U.S. Healthcare, brought by a group of consumers who say it lured them in with false promises of high-quality care while secretly pressuring doctors to cut costs and provide only minimum care. "A vague allegation that 'quality of care' may suffer in the future is too hypothetical an injury to confer standing," Senior U.S. District Judge John P. Fullam wrote in a tersely worded six-page memorandum and order in Maio v. Aetna Inc.
6 minute read
October 12, 2012 |

'Garage Inventors' in California to Get Pro Bono Boost

California inventors with limited resources to pay big firm legal bills can look forward to the October 23 launch of a U.S. Patent and Trademark Office-backed pro bono patent program.
3 minute read
June 01, 1999 |

Patent Pools and Cross Licenses Draw Antitrust Scrutiny

The Department of Justice's Antitrust Division views most cross licenses and patent pools as pro-competitive, but also recognizes that cross licenses can have anticompetitive consequences, including price increases, production cutbacks and reduced innovation. This paper examines some of the issues that the DOJ is concerned about.
11 minute read
July 10, 2006 |

Miss. Judge Declines to Sanction O'Quinn, Laminack & Pirtle

A federal judge's findings about suspect diagnoses in thousands of silicosis cases in multidistrict litigation in Texas did not convince a state judge in Mississippi to sanction a Houston firm representing some plaintiffs in those cases. A dozen defendants had filed motions seeking $165,000 in sanctions from O'Quinn, Laminack & Pirtle -- now called the O'Quinn Law Firm -- for allegedly pursuing frivolous claims on behalf of clients and submitting allegedly unreliable diagnoses to support those claims.
5 minute read

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