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Litigation

  • How do you know when an expert witness is getting ready to testify? By the bonfire in his backyard! Upon his conviction for Watergate-related activities, John Ehrlichman famously said, "As a matter of historical perspective, you can make a pretty good argument that a bonfire on the South Lawn wouldn't have been a bad idea." One relatively recent appellate-level decision seems to carry a similar message to forensic custody evaluators.

    December 31, 2013Timothy M. Tippins
  • Tenant Did Not Breach Obligation to Use Reasonable Efforts
    Fraud Allegations Require Investigation Beyond Four-Year Period

    December 31, 2013ALM Staff | Law Journal Newsletters |
  • Model Standard 4.6(b) of the Association of Family and Conciliation Courts' Model Standards of Practice for Child Custody Evaluation urges evaluators "to utilize and make reference to pertinent peer-reviewed published research in the preparation of their reports." If I were to assert that research shows that more evaluators are citing research in their reports, I would expect to be asked what research I am alluding to. There is none.

    December 31, 2013David A. Martindale
  • In an area of major interest to the entertainment industry, the FTC continues its active enforcement of advertising practices in emerging areas such as social media and mobile marketing. At the same time, advertisers and marketers are attempting to piece together best practices as new consumer protection requirements come into effect and the first cases applying new regulatory standards are settled.

    December 31, 2013Marc S. Roth and Edward Kabak
  • Damages in product liability personal injury cases inevitably involve medical expenses. Depending on the nature and extent of the injury, those medical expenses can generate extraordinarily high numbers. When it comes to recovering medical expenses, the question in determining the amount of damages often turns on what number can be presented to the jury.

    December 31, 2013Julia M. Beckley
  • Preliminary Injunction Issued Against Franchisees That Disregarded Pricing Promotion
    Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant
    Presidential Executive Order Gives Ford Right to Terminate Syria Contract

    December 31, 2013Lauren Sullins Ralls
  • Interest on distributive awards is an important ' and at times overlooked ' aspect of matrimonial practice. When a matrimonial action becomes protracted, an award of prejudgment interest, measured from the date of commencement of the action, may be substantial, especially if the award is at the statutory rate of 9%.

    December 31, 2013Thomas A. Elliot
  • Special facts is a court-created equitable doctrine that allows a land use applicant to avoid the impact of a change of zone enacted while the application is pending, by showing significant governmental delay of the application together with proof that but for the delay, the landowner would have been able to vest in its use before the zoning was changed. In November 2013, the Court of Appeals decided Rocky Point, a case that the plaintiff (represented by the author) hoped would not only allow it to prevail, but would also clarify the special facts doctrine.

    December 31, 2013Linda Margolin
  • New Plan in Mesh Litigation
    Change Would Let Generic Drug Companies Make Not-Yet Approved Label Changes
    Trial over Billion-Dollar Molecules Yields $400,000 Verdict

    December 31, 2013ALM Staff | Law Journal Newsletters |
  • Nashville Federal Court Finds Plausible Copyright Infringement Claim over "Remind Me" Phrase
    Puerto Rico District Court Rules There Were Implied Licenses for Music Festival Artworks, But Were the Licenses Irrevocable?
    Songwriting Income and Record Production Activity Don't Support Long-Arm Jurisdiction

    December 31, 2013Stan Soocher