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6 Dec, 2008 12:24 am
... Inc. v. Ferguson State Department of Industrial Relations v. Campbell Ex parte Riley, Petition for Writ of Mandamus; In re: Couch v. Couch From the Supreme Court of Alabama: ... ., Petition for Writ of Mandamus; In re: Marcy Johnson v. McNeilus Truck and Manufacturing, Inc., et al. Ex parte Allianz Life Insurance Company of North America, ... of North America and Fredrickson Ex parte Saad's Healthcare Services, Inc., Petition for Writ of Certiorari to the Court of Civil Appeals; In re: Saad's Healthcare ...
Alabama Appellate Watch - http://www.alabamaappellatewatch.com/
8 Jul, 2008 11:17 am by Marcia Oddi
... been updated with at least some of the cases to be heard in July. Because of the calendar glitch, we've already missed one appeal, Dutchmen Manufacturing, Inc. v. Chad Reynolds (Appellant-Defendant Dutchmen Manufacturing appeals the $30 Million jury verdict ... the BMV, appeals the trial court's award of attorney fees. The Scheduled Panel Members are: Chief Judge Baker, Judges Riley and Judge Robb. [Where: Indiana Court of Appeals Courtroom] [For background, see this ILB entry from Sept. 10, 2005.] 1 ...
The Indiana Law Blog - http://indianalawblog.com/
30 Jul 4:16 am by Beck/Herrmann
... to warrant further proceedings, which may be costly and burdensome. In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 2009 WL 294353, at *2 (D ... violation exception, while "narrow," can be viable under an appropriate set of facts. Riley, 2009 WL 1606650, at *4 ("[t]his does not mean. . .that a plaintiff ... defect/violation claim based on product recall escaped preemption); Riley, 2009 WL 1606650, at *15 (manufacturing/violation claims hypothetically possible but too vaguely ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
18 Jun 3:13 am by Beck/Herrmann
... to get interesting. Employing analysis similar, but not identical, to that used in In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 592 F. Supp.2d 1147 (D. Minn. 2009), Riley applied both express and implied preemption principles to narrow this exception - although, oddly, ... turn out to illustrate. Thus, we're pleased to find decisions like Riley that refuse to punish a manufacturer with additional liability simply because a physician chooses to use its drug or ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
2 Jul 5:18 am by Beck/Herrmann
... use would have heeded an adequate warning, if given. Therefore, a heeding presumption shifts the burden of production from the plaintiff to the manufacturer, who must rebut the presumption by proving that the plaintiff would not have heeded a different warning. Id. (various ... 'll do that now. As we expected, the Nevada Supreme Court in Rivera cited most of the best cases. In Riley, the Montana Supreme Court methodically shot down the various "policy" arguments that were advanced in support of the ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
29 May, 2008 1:25 pm by Lucas A. Ferrara, Esq.
... managing partner Joseph Okojie Sweetsecond.com Founder David Brooks SPS Group Inc. President Markus Wagner i5invest Incubator Founder MIRIAM SAKOL BRANDISHMENTS Consulting ... NY INC President Linda Ortiz Girlz Essentialz President Jim Brinksma Goldman Sachs ... Thomas Morling Thomas Morling Consultant Anya Feinberg Manufacturing In China ... milla bakhareva istari tech ceo Kordai DeCoteau N/A N/A Jeanne Riley www.RatesAreHot.com Co-Founder Jenelle DeCoteau N/A N/A Susan Anderson www.RatesAreHot.com ...
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
2 Sep 11:22 pm by Beck/Herrmann
... ]ll of the claims advanced by Appellants in this case are premised on traditional duties between a product manufacturer and Michigan consumers. None of them derives from, or is based on, a newly-concocted duty ... inaccurate or incomplete information to the FDA would be preempted"); McCutcheon v. Zimmer Holdings, Inc., 586 F. Supp.2d 917, 923 (N.D. Ill. 2008 ... FDA is preempted when asserted as a defense to express preemption in medical device cases. See Riley v. Cordis Corp., 625 F. Supp.2d 769, 2009 WL ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
12 Sep, 2008 2:33 pm
... Bill: a stitch in haste leads to waste: (Spicy IP) Kenya Kenya Association of Manufacturers intensifies lobbying efforts to have Anti Counterfeit Bill tabled: (Afro-IP) ... confusingly similar to EDELMAN for handbags: In re SL&E Training Stable, Inc (precedential): (TTABlog), GANGA merely descriptive of department store services, says TTAB ... Trademark Lawyer), Dozier - Dozier Internet Law firm sues Ronald J Riley over use of firm name 'in hypertext link': (The Trademark Blog), (Techdirt), Electric ...
IP Thinktank - http://duncanbucknell.com/blog
3 Sep, 2008 5:47 pm by Marcia Oddi
... Chase Bank , a 17-page opinion, Judge Riley writes: Appellants-Mechanic's Lienholders, Harold McComb & Son, Inc. (McComb) and American Renovations of Indiana, ... . NFP civil opinions today (3): Curtis Cross v. Bon L. Manufacturing Co. (NFP) - "The trial court did not err when it determined that Cross was a dual employee ... . Review Bd. of the Ind. Dept. of Workforce Development and Logan Comm. Resources, Inc. (NFP) - "Tanisha R. Saunders ("Saunders") appeals the Unemployment Insurance Review Board' ...
The Indiana Law Blog - http://indianalawblog.com/
13 Jun, 2007 10:31 am by Marcia Oddi
... al. v. Indiana Department of Insurance, et al. , a 17-page opinion, Judge Riley concludes: In light of the Commissioner's response, we agree with the trial court's conclusion ... s appeal as untimely. Affirmed. In John Russo, et al. v. Southern Developers, Inc., et al. , a 7-page opinion, Judge Vaidik writes: John and ... adequate, more specific findings explaining its decision. Kenneth Bailey v. Dutchman Manufacturing (NFP) - "Kenneth Bailey ("Bailey") appeals the Indiana Worker's Compensation Board's ...
The Indiana Law Blog - http://indianalawblog.com/
25 Feb, 2008 3:38 am by Marcia Oddi
... as personal representative of her estate, filed a complaint against Technisand, among others, alleging that exposure to chemicals manufactured and sold by Technisand caused or contributed to Patty's death. Technisand raised a statute of limitations ... to be grounded in medical malpractice and covered by the medical malpractice act. The Scheduled Panel Members are: Judges Riley, Kirsch and May. [Where: Wabash College, Crawfordsville, Indiana] _________ Note: The ILB has noted some discrepancies in ...
The Indiana Law Blog - http://indianalawblog.com/
14 May, 2007 11:10 am by Marcia Oddi
... and Gregory Hardister v. Marion Co. Dept. of Child Services and Child Advocates, Inc. , a 7-page opinion, Judge Robb writes: In 2000, Greg Hardister was appointed guardian of ... Holmes and Madeline Holmes, an 18-page opinion (including a 3-page dissent), Judge Riley writes: Even though, at first glance Indiana Trial Rule 59 and 60 appear ... 's T.R. 60(B)(3) motion is the Holmeses' alleged misrepresentation concerning the manufacturing date and wear and tear of the jeans. However, as we stated above, the ...
The Indiana Law Blog - http://indianalawblog.com/
         
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