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Litigation

  • The Ninth Circuit has reinstated a medical malpractice claim involving a federal government-employed doctor because although the plaintiff did not exhaust the federal claims process before originally filing suit in state court, he dismissed his original claim, sought and was denied relief through the federal claims process, then attached the claim to the ongoing state court case.

    August 01, 2017ljnstaff
  • Federal Circuit Vacated The Denial of an Injunction Because a Causal Nexus for Multi-Feature Products Only Requires a Feature to be 'A Driver' of Demand
    District Court Abused Discretion In Denying Attorneys' Fees, Where Plaintiff Continued to Litigate After Markman Order Made Its Position Untenable

    August 01, 2017Howard Shire and Michael Block
  • Consumers' Digital Music Price-Fixing Suit Ruled No "Class" Act
    Marshall Tucker Band's Former Manager Loses Bid for Attorney Fees After Prevailing in Trademark Action Brought Against It By the Band

    August 01, 2017Stan Soocher
  • In-depth analysis and discussion of several important rulings.

    August 01, 2017ljnstaff
  • Analysis of a case in which a prescribed drug allegedly contributed to a young man's death.

    August 01, 2017ljnstaff
  • This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, as well as some recent cases of interest from the courts of Delaware, Michigan, and Texas.

    July 02, 2017Sandra Feldman
  • There are pitfalls for providers and companies that offer genomic testing. They might include not offering genetic testing if it is indicated, not offering the proper testing, or reporting inaccurate or misleading results. Each of these has the potential to generate a lawsuit, and indeed each of them already has.

    July 02, 2017Linda S. Crawford
  • The case of Lewis v. Shulkin, heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits.

    July 02, 2017Janice G. Inman
  • Following the May 2017 WannaCry ransomware infiltration into over 10,000 organizations and individuals in over 150 countries, it is clear that businesses across industries have no choice but to spend time and resources digesting and culling through the cybersecurity information barrage.

    July 02, 2017Anthony McFarland