U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

November 2015 Archives

Germany's Richest Person Wins: Court Upholds Work-Product Doctrine

The Second Circuit sent a clear message recently by overturning a lower federal court's ruling that Georg F.W. Schaeffler's sharing of privileged work-product with another party of "common legal interest" amounted to waiver.

The controversy arises out of facts that go as far back to the beginnings of the 2008 crash: the Lehman Brothers bankruptcy announcement.

If you came down with bronchitis a few years ago, there was a fair chance that your doctor would prescribe Ketek, an antibiotic produced by the French pharmaceutical giant Sanofi-Aventis. That was, until 2007, when the FDA banned the use of Ketek for sinusitis and bronchitis, finding that it was too risky for those diseases and giving it the strongest warning possible -- a so-called "black box" warning -- for certain permitted uses.

The changes came after a year-long FDA investigation which found that the drug could result in severe liver damage. Following the FDA's action, a consortium of health plans sued Sanofi-Aventis for racketeering, arguing that the company fraudulently failed to disclose risks. Their case didn't make it far, however, having been tossed out by the Second Circuit last Friday for failure to establish causation.

A child born to an American is an American citizen -- right? Not exactly. Everyone born in the U.S., of course, gets citizenship, much to Donald Trump's chagrin. Children of American citizens born abroad get "derivative citizenship," or citizenship through parents, only under certain conditions.

When it comes to derivative citizenship, the deciding factor is often the American parent's gender, if the child was born out of wedlock. That means many children born outside the U.S. to an American father, for example, are denied citizenship that would be available had they been born to an American woman. An older version of that system is unconstitutional, a recent Second Circuit decision declared in an opinion that might put current immigration laws at risk.