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Posted in Physician Payment Sunshine Act on February 20, 2013
For years, the pharmaceutical industry has targeted physicians and teaching hospitals to help them market their products. Drug companies provide free samples of their product for physician’s to use and offer lucrative opportunities for those who promote their drug, including gifts, dining and entertainment, lecturing opportunities in resort destinations and other forms of payment. This…
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Posted in Amusement Parks on February 11, 2013
“[N]ot every rule imposed by an organizer or agreed to by participants in a recreational activity reflects a legal duty enforceable in tort.”
Posted in Fosamax® on February 7, 2013
Over 4,000 lawsuits involving Fosamax®, an osteoporosis drug manufactured by Merck & Co., Inc., are pending in federal and state courts. On February 5, 2013, in Scheinberg v. Merck & Co, Inc., Merck encountered its second loss out of seven cases in which the company will pay $285,000 to the plaintiff, Rhoda Scheinberg. The 69-year-old…
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Posted in Defective Medical Devices,FDA Regulations on January 21, 2013
Undergoing hip replacement surgery is demanding of the body and requires weeks, months, or up to years, of recovery and rehabilitation, but the final result of improved mobility and well-being usually makes the process worth it. Unfortunately, according to The New York Times, about 500,000 patients who received metal-on-metal hip replacements have reported hip implant…
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Posted in Auto Accidents on January 15, 2013
“If any confusion is created by using the national AAA logo, Auto Club is responsible for the confusion…”
Posted in Internet Law on December 27, 2012
“[T]he insults are generalized … [T]he absence of such specificity is a yet a further signal to the reader there is no factual basis for the accusations.”
Posted in Liability Law on November 11, 2012
“[A]ppellants’ attempt to rely on what the checker could infer based on the circumstances of [the] purchase is in effect an attempt to return to the type of forseeability analysis that our Legislature specifically rejected…”
Posted in Products Liability on October 2, 2012
“It is not incumbent upon a plaintiff to show that an inference in his favor is the only one that may be reasonably drawn from the evidence; he need only show that the material fact to be proved may logically and reasonably be inferred from the circumstantial evidence’
Posted in Roadway Design on September 18, 2012
A duty to light, “and the consequent liability for failure to do so,” may arise only if there is “some peculiar condition rendering lighting necessary in order to make the streets safe for travel.”
Posted in Auto Accidents on August 2, 2012
“[W]hen analyzing section 3333.4 issues, the question is the existence of insurance, not whether the injured driver was licensed.”
