· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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