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· 6/26/1998

Elan Pharmaceutical Research Corp. v. Employers Insurance

Citations

  • 144 F.3d 1372
  • 1998 U.S. App. LEXIS 13721

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the insurer had a duty to defend the insured where the policy specifically stated that \advertising injury” applied to offenses committed by \infringement of copyright, title, trademark, patent or slogan”
  • explaining that communications that induce doctors to prescribe certain drugs would constitute “advertising” in a non-TCPA case
  • explaining in a different context that a communication intended to encourage a doctor to prescribe a drug to a patient would qualify as advertising
  • defining advertising as '[a]ny oral, written, or graphic statement made by the seller in any manner in connection with the solicitation of business.'
  • “[t]o fall within the coverage of the insurance policies,... there must have been some causal connection between the advertising injury and the advertising activity”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Birch, Marcus

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.