Litigation

Features

It makes very little difference what a couple's home state says: The federal government apparently intends to recognize their marriages, even if their state will not.

Features

A text message or e-mail may be misinterpreted or be seen by unintended eyes, thus expanding a physician's potential legal liability.

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Courts in nearly every state have embraced some form of the "learned intermediary doctrine," which provides that a prescription drug manufacturer satisfies its duty to warn so long as it provides an adequate warning of the drug's potential risks to the plaintiff's prescribing doctor.

Columns & Departments

Analysis of a key ruling.

Features

The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.

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In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.

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Winning or losing your client's case often rests on your ability to prove facts that support your client's position. Subject-matter expert witnesses play a prominent role in interpreting the facts available to them and helping the trier of fact reach a conclusion on the meaning of such information. Forensic and e-discovery experts are no different than any other experts in that their opinions can only be as solid as the information they can find and analyze.

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The "Hopper," the recording and commercial-skipping technology developed by Dish Network, first survived a preliminary injunction motion brought by Fox Broadcasting Co. in 2012, then prevailed on appeal this summer in a decision by the U.S. Court of Appeals for the Ninth Circuit.