To allow Bartlett's verdict to stand would cause a conflict between state liability law and federal law requiring the two drugs to be the same, Mutual lawyer Jay P.
The drugmaker insists, however, that the Alabama State Court goofed by allowing the consumer to circumvent state product liability law and, instead, present his claim as fraud and misrepresentation.
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And it pre-empts some state laws regarding liability for mortgage securitization.
Given the sovereign debt turmoil in the Eurozone and the approaching debt problems for the US (as the US debt-to-GDP figures escalate over 100% by mid-2012 without accounting for state unfunded pension liability), debtor nations will find it difficult to finance large-scale consumption economies any longer.
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The cases turn on fine points of the execution of the transactions and interpertations of state law concerning transferee liability.
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They must simply fund a film through a state-approved limited liability company.
The state also uses a liability estimation method (the Projected Unit Credit method) that modestly understates accrued pension benefits, and amortizes its unfunded pension liabilities over a period slightly longer than the 30 years recommended by GASB.
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Yesterday, the U. S. Supreme Court recognized that Congress meant what it said, holding that the Vaccine Act expressly preempts all state-law products liability suits challenging the design of widely administered childhood vaccines, which the Food and Drug Administration (FDA) has already determined to be safe and effective.
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With its job to reallocate resources, rather than create them, the state is firmly on the liability side.
Since California is considered the epicenter of the foreclosure crisis, mortgage servicers could continue to face significant liability from that state in the absence of a settlement.
Mazda presents one of the most contentious issues in tort law today: Whether jurors applying state-law concepts of liability can essentially write their own safety regulations for manufacturers.
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The case requires the high court to determine whether the motor vehicle safety standards established by the federal government effectively preempt a products liability claim under state tort law.
One involves reinsurance sold by General Re for years to a professional-liability insurer in the state of Virginia, now bust and with unpaid liabilities.
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Then in 1811 New York state brought in a general limited-liability law for manufacturing companies.
While interpretations of liability law vary drastically from state to state, these cases basically boil down to two principals.
While interpretations of liability law vary drastically from state to state, these cases basically boil down to two principles.
Sensible enough in concept, the definition is maddeningly vague in application, largely because it is based upon a 1974 General Assembly resolution that was aimed at guiding state conduct, not defining individual criminal liability.
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Put simply, the law ensures that the virtual soapbox is not liable for what the speaker says: merely creating a forum in which users post ads that may violate state law plainly does not lead to liability for a web site operator.
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In the world of SCF, the disclosure statutes most obviously implicated in civil and criminal liability issues are the federal and state securities laws.
The Justice Department is pressing state attorneys general to release the banks from liability for a host of alleged violations in exchange for a far-reaching settlement, people familiar with internal discussions said.
Rules vary by state, but in all cases, understanding your liability is crucial because your financial safety is intertwined at a far deeper level.
And before you distribute a penny, ask your tax accountant to calculate the impact on your state tax bill and your federal alternative minimum tax liability.
Chrysler is also lobbying state and federal lawmakers to rewrite laws on product liability, including asbestos-related health claims, which threaten to swamp all three Detroit automakers.
Together Bush and his coalition would pass the biggest tax cut in the state's history, reform its tort-liability system and boost reading scores enough to give him bragging rights on a national scale.
The Germans are not even allowing the new bailout fund, the European Stability Mechanism, to put money into Spanish banks - for example - without that capital simultaneously becoming a liability of the over-extended Spanish state.
Georgia introduced assignee liability, only to back-pedal after the state's subprime market started to seize up.
The company has not admitted liability and still faces claims from the US and state governments, and drilling firms.
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Yet state ethics rules prohibit lawyers from using the threat of criminal liability to obtain advantage in a civil settlement.
So if liability insurance was required of every dealer in the state and neighboring states, it could make a difference.
The FBI team was sent at the request of the State Department and its findings will be reviewed for possible criminal liability.
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