by: Edward B. Mulligan V, Attorney
Child injuries associated with bounce houses and inflatable moonwalks are growing at an alarming rate. In 2010 alone, more than 11,000 children were rushed to an emergency room because of bounce house injuries. A recent study by American Academy of Pediatrics suggests inflatable bouncer-related injuries are growing at a faster rate than trampoline-related injuries, which have been thought to be one of the most dangerous pieces of recreational equipment for children. The report published in November 2012 is the first study of its kind to use nationally representative data regarding injury rates, types, and risk factors in assessing inflatable bouncer-related injuries.
by: Jonathan Knoll, Attorney
In previous blog articles, you have had the opportunity to learn how the U.S. Food and Drug Administration (FDA) works to protect consumers from dangerous medical device and pharmaceutical products. But, did you know that the FDA’s focus is not only on protecting consumers from dangerous medical devices and drugs? In this article, I’ll discuss another area where the FDA works to protect consumers, that being in the area of food safety.
We have previously discussed the role of the U.S. Food and Drug Administration (FDA) and its oversight of medical device and pharmaceutical products. With so many stories in the news about food and drug dangers, consumers need to understand the function of the FDA and how it works to protect them.
by: Gregory L. Laker , Attorney
Pharmaceuticals and medical devices have a huge impact on the health and quality of life for millions of people. Companies spend billions of dollars in research and development seeking to create the next blockbuster drug or groundbreaking medical device that will allow patients to live fuller, happier lives. A problem happens when these companies choose profits ahead of people by allowing dangerous drugs and medical devices to be used in treatments.
by: Melissa L.Stuart, Attorney
Summertime means more outdoor activities. For people with disabilities, it can be challenging to navigate outdoor venues and other public places due to accessibility issues. My article on the Friendship Circle blog this month discusses accessibility concerns and how the Americans with Disabilities Act protects the rights of people with disabilities.
by: Jonathan Knoll, Attorney
Recently, in a divided 5-4 opinion, the United States Supreme Court dealt a crushing blow to victims of dangerous and defective drugs. In Mutual Pharmaceutical Co., Inc. v. Bartlett, the Supreme Court found that state-law design defect claims against generic drug manufacturers that turn on the adequacy of a drug’s warnings are pre-empted by federal law. In doing so, the Court extended its 2011 decision in PLIVA, Inc. v. Mensing, which found that state-law failure to warn claims against generic manufacturers are pre-empted under federal law.
Deciding to start or purchase a business can be both scary and exciting. Aside from purchasing real estate, becoming a business owner may be one of the largest financial investments you may make. When you put your money, time, and effort into an investment like a business, it is important that you take appropriate steps to manage your risk. Hiring an attorney to advise you of legal rights and negotiate on your behalf can mitigate your investment risk and give you peace of mind.
Recent Supreme Court Decision Allows Corporations to Avoid Class Action Lawsuits, Insulate Themselves From Antitrust Liability, and Deny Their Victims Access to Legal Remedies
by: Scott D. Gilchrist, Attorney
Lynn A.Toops, Attorney
Yesterday the Supreme Court of the United States issued a 5-3 decision, authored by Justice Antonin Scalia, that deals a crushing blow to all victims of corporate wrongdoing. Corporations of all types now routinely require customers to agree to form contracts that deny the customer access to the courts and eliminate the right to cooperate with other potential victims in bringing a class action lawsuit. In American Express Company v. Italian Colors Restaurant, the Supreme Court decided that under the Federal Arbitration Act such contracts should be enforced, even when the contract prevents the effective vindication of statutory rights, as long as the customer has a theoretical “right” to pursue a remedy through private arbitration.
by: Richard M. Malad, Attorney
Typical real estate transactions involve a buyer, a seller, and real estate agents who represent each of the parties involved in the transfer of ownership of the property. Including an attorney in your real estate transaction can help either party ensure that their interests are being protected.
You may be wondering why you would need to hire an attorney. Regardless of whether your transaction is typical or not,. An attorney can provide valuable assistance to make sure your interests are well represented in the transaction. Below are a few facets of the real estate transaction that an attorney can help you with.
by: Arend J. Abel, Attorney
Business owners invest a great deal of time and money in developing customer relationships. That investment can be placed at risk when key employees who have been servicing customers leave to work elsewhere. The valuable relationships they have built can easily be leveraged to move customers to the competition unless the business owner take appropriate measures to protect the business.
Similarly, a person buying an existing business is investing money to acquire the customer lists and relationships as well as inventory and product. Buyers can be placing their investment at risk if they allow the seller to remain free to re-start the business and compete for the seller’s former customers.