Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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Amended FRCP 26
Thomas P. Branigan
&
Tina Georgieva
Habitually filing <i>Daubert</i> motions for every opposing expert is not smart trial practice. Here's why.
Features
Court Restores $28 Million Punitives Award in HRT Case
Amaris Elliott-Engel
The Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.
Features
The Supreme Court Finds Religion
R. Scott Oswald
The U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.
Features
Changing the Game
Joseph F. Savage Jr.
&
David McCrary
As an initial matter, it is patent that, following <i>Global-Tech</i>, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change.
Features
The Personal Benefit Test in Misappropriation Cases
Jodi Misher Peikin
&
James R. Stovall
Is the benefit test a separate element of liability or an aspect of another element, like breach of duty or scienter? And what counts as a sufficient "benefit"?
Features
Choppy Waters in the Safe Harbor for Shareholders of Failed LBOs?
Kevin J. Walsh
&
Ella Shenhav
In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...
Features
Update on Bankruptcy Preference Insider Liability
Michael L. Cook
The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.
Features
<B><I>BREAKING NEWS:</b></i> <b>NJ Senate Passes Same-Sex Marriage Bill But Votes Short of Veto-Proof Majority</b>
Michael Booth
The state Senate passes legislation to authorize gay and lesbian couples in New Jersey to marry, but with fewer votes than needed to override Gov. Chris Christie's expected veto of the bill.
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