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Litigation

Columns & Departments

Case Notes

ALM Staff & Law Journal Newsletters

Analysis of two key rulings.

Features

Coverage for 'Diminution in Value' in Commercial Property Insurance Policies

Lewis E. Hassett & Ryan C. Burke

Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy.

Columns & Departments

Decisions of Interest

ALM Staff & Law Journal Newsletters

In-depth study of two recent cases.

Columns & Departments

NJ & CT News

ALM Staff & Law Journal Newsletters

What's happening in neighboring states.

Features

Forensic Custody Reports

Alton L. Abramowitz & Sophie Jacobi-Parisi

It is the belief of the authors of this article that due process of law is being denied to <i>pro se</i> and represented litigants alike when the fundamental right to custody of one's child is at stake ...

Columns & Departments

Med Mal News

ALM Staff & Law Journal Newsletters

A look at recent news and litigation.

Features

Failure-to-Detect Claims Against Dermopathologists

Brandon Swartz

Last month, the author discussed a hypothetical medical malpractice case in which a dermopathologist midread a patient's pathology slide and then reported that no evidence of cancer was found. The discussion concludes herein.

Features

Evidence-Based Medicine in the Courtroom

Gary Lovell & Kristen M. Kelley

The time has come for medical malpractice expert causation testimony to fall in line with that employed in toxic tort cases, rightfully valuing proven scientific conclusions over experience-based expert opinion.

Features

What the <i>Noel Canning</i> Decision Means for Employers

Matthew C. Lonergan & Summer Austin Davis

After the D.C. Circuit Court's ruling in <i>Noel Canning v. NLRB</i> , many employers celebrated the apparent demise of NLRB decisions that they viewed as unfavorable. Some of the most employer-unfriendly and controversial decisions are discussed herein.

Features

More Key Employment Law Developments

J. Ian Downes, Jennifer L. Burdick, Kate Ericsson & Jeffrey W. Rubin

Last month, the authors noted that developments in the labor and employment area are proliferating at a rapid pace. The discussion continues herein.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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