Texas Business Lawyer

The US Supreme Court is generally concerned with legal issues that relate to the Constitution, executive powers and the like. It’s rare that the court will take on more than a select few business law cases, as these are either generally handled at the state level or they are not seen as “test” cases – cases that could prompt a change in the law as it’s been enforced previously.

Forbes published the court’s busy day recently, and below are a few of the highlights:

1. Riegel v. Medtronic, (06-179)

The issue in this case is whether parties can sue a medical device manufacturer for products liability if the FDA has approved a product. There appears to be authority on record that goes both ways, which is probably why the court will hear the case.

2. Betty Joblove v. Barr, 06-830

The issue in this controversy is whether an agreement not to market and distribute the generic form of a “name-brand” drug violates federal antitrust law. Specifically, the plaintiffs are charging that the companies involved conspired to monopolize the market with a breast cancer drug.

3. Lorillard Tobacco Co. v. Engida, (06-1440)

This case centers on trademark infringement, as Lorillard is appealing a decision regarding whether or not a retailer can sell counterfeit Newport cigarettes. Lorillard claims that counterfeiting costs the US economy more than $200 billion per year.

Overall, it should be an interesting set of decisions that will come from the court. If you have an individual business law question, contact the business lawyers at Slater & Kennon for an initial consultation.