Courts will confront FDCA pre-emption issue; Food, Drug and Cosmetic Act regulations may trump state failure-to-warn liability

Article Abstract:

The US Court of Appeals for the 5th Circuit ruled in Hurley v. Lederle Laboratories Division of American Cyanamid that FDA labeling requirements may conflict with and thus pre-empt state law failure-to-warn claims. Defendants may be able to use arguments based on Hurley successfully although the ruling has not been adopted in other jurisdictions. Thus, attorneys should consider FDA requirements when litigating Hurley claims.

Pharmaceutical industry

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Where everybody upholds your publicity claim; high court lets stand 9th Circuit holding that robots might violate 'Cheers' actors' rights

Article Abstract:

Issues are discussed regarding balancing copyright law and the right of publicity when an actor is fused with the fictional character played, and whether the right of publicity enables an actor to block the copyright owner's subsequent depictions of the character which bring to mind the actor. A US Supreme Court ruling dealing with the 'Cheers' actors publicity rights is discussed.

Publicity (Law), Right of publicity, Copyright, Copyrights

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File liens with states (for now); 9th Circuit recently held that federal law does not preempt UCC rules for perfecting liens

Article Abstract:

The message sent by Cybernetic Services, Inc. v. Matsco, Inc. regarding the needed legislative overhaul of inconsistent laws on perfecting liens is discussed. Whether laws to perfect liens and other secured transactions should be under the aegis of the federal government or, as at present, the states remains open to question.

Liens

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