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24 May 2007, 10:40 am
., that state law would not require warnings in Spanish where the FDA required only English language warnings:[W]e reject plaintiff's attempt to place on nonprescription drug manufacturers a duty to warn that is broader in scope and more onerous than that currently imposed by applicable statutes and regulations. the FDA has stressed that "it is in the best interest of the consumer, industry, and the marketplace to have uniformity in the presentation and clarity of message" in… [read post]
11 Jun 2023, 10:59 pm
Before the Court of Appeal The Court of Appeal overturned the decision of Tsalamandris J, granting leave to appeal and allowing the appeal on the following ground (see [79]): Ground 1: the judge erred in upholding the associate justice’s conclusion that the defence to the enforcement claim had no real prospect of success, and in doing so erred by imposing an onus on Yin to adduce evidence about applicable Chinese law relating to service by public announcement and why that method of… [read post]
12 Aug 2024, 11:02 pm
Welcome to your monthly recap of administrative law from the Fifth Circuit! [read post]
21 Jun 2011, 1:00 pm
U.S. ratification would ensure continued application of the less burdensome standard for the United States. [read post]
20 Aug 2007, 2:40 am
Title616
A9244
Heastie -- Relates to the termination of a residential lease by a victim of domestic violence 615
A9206
Barclay -- Authorizes the town of Camillus to change the retirement plan that it offers to police officers and firefighters 614
A9145
Schimminger -- Extends the provisions relating to the registration of kegs 613
A9002A
Sweeney (MS) -- Creates the New York state sea level rise task force 612
… [read post]
25 Mar 2021, 3:30 am
I’d really love to hear from some of our former guests who operate in the space like Nicole Morris to opine. [read post]
23 Jan 2015, 9:30 am
Philip Morris USA Inc., 787 F. [read post]
23 Aug 2018, 6:52 pm
If more than one incident of harassment has occurred, the applicable time limitations for filing a charge with the EEOC or a complaint typically commence at the time of the last incident of harassment.[12] Different (and potentially longer) statute of limitations may exist for torts that are sometimes brought in connection with sexual harassment claims, such as assault, battery, privacy violations, and infliction of emotional distress. [read post]
1 Nov 2008, 3:12 am
(IP Dragon) Amendments to the PRC patent law (IP Frontline) Ethiopia Ethiopia streamlines trade mark formalities (Afro-IP) Europe Blind readers seek guarantee of access under EU copyright law (Intellectual Property Watch) CFI dismisses Philip Morris' appeal against OHIM's persistent refusal to register the shape of its cigarette packet as a community trade mark (IPKat) CFI rules PAST PERFECT not descriptive for musical recordings: TIM The International Music… [read post]
27 Aug 2023, 3:56 pm
But courts have also identified a need to protect states’ authority and interests by limiting removal to situations in which a federal defense is applicable, hence, an additional requirement for removal. [read post]
7 Nov 2014, 5:52 am
By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and if so how it is applied, careful counsel will… [read post]
14 Jul 2012, 7:08 am
Philip Morris USA, Inc., 449 F. [read post]
29 Jul 2019, 7:34 pm
The applicable statute of limitations, borrowed from state law, was four years. [read post]
14 Mar 2010, 10:47 pm
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
9 Aug 2008, 1:50 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
26 Jul 2008, 4:58 pm
They have clinical application of NDT, SI and Motor Learning within the hippotherapy treatment strategy. [read post]
3 Nov 2008, 1:18 pm
As discussed in Part I, food irradiation is not new, but the application of this technology to fresh lettuce and spinach was only recently approved in the US. [read post]
24 Aug 2010, 5:13 am
By Brian A. [read post]
3 Oct 2022, 12:04 pm
It does not contemplate scientific precision but does contemplate a resolution of each issue on the basis of a fair and reasonable assessment of the evidence and a fair and reasonable application of the relevant legal rules. [read post]
25 Mar 2012, 2:19 pm
PHILLIP MORRIS COMPANIES, INC., ET AL., Respondents. 3rd District.Attorney's fees -- Prevailing party -- Error to fail to award attorney's fees to defendant for fees it incurred defending plaintiff's motion to vacate arbitration panel's award where agreement between the two parties stated that attorney's fees would be borne solely by plaintiff if defendant prevailed in defense of an action brought by plaintiff -- Argument that defendant was not entitled to fees… [read post]
