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Federal Health Care Law May Reduce or Eliminate Future Medical Expense Tort Damages
The mandatory health insurance requirement of the Patient Protection and Affordable Care Act of 2010 (PPAC) should significantly reduce the amount of tort damages recoverable for medical expenses. Here's how.
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U.S. Supreme Court Overturns NJ Supreme Court's Extension of Long-arm Jurisdiction
On June 27, 2011, the U.S. Supreme Court issued a decision addressing personal jurisdiction over foreign manufacturers for product liability claims involving products shipped to and sold in the United States.
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Practice Tip: Pleading of Parallel Claims After Riegel
After <i>Riegel</i>, federal appellate and district courts have reached divergent conclusions regarding the level of specificity required to plead a parallel claim that survives a motion to dismiss. This article provides an overview of the case law on the topic.
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Summary Judgment Practice Refined by a New Decision
The New York Court of Appeals, the highest court in that state, recently denied a summary judgment motion, based only on an attorney's affidavit, to the defendants in a product liability case.
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Upcoming Event
Cutting-Edge Case Developments in Entertainment, Sports & Digital Media Law. Sept. 21. Denver, CO.
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Bit Parts
George Clinton's Bid for Internet Royalties Barred<br>Visual Artist's Jazz Fest Creations Aren't Covered By Moral Rights Statutes
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Marvel's Win over Kirby Estate
It's been a good stretch for Marvel Entertainment and its former president Stan Lee, the ever-youthful 87-year old face of the company. Marvel characters Thor and Captain America have dominated the box office. Lee keeps winning over young fans with his blink-and-you'll-miss-them film cameos. Now, thanks to a Stan Lee role on the witness stand, Marvel and its parent The Walt Disney Co. were able claim a win in the courtroom.
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In the Courts
In-depth discussion of important rulings.
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In re Soho 25 Retail, LLC Benefits Mortgage Lenders in New York
The holding in this important case supports the relatively new theory that New York law permits a mortgagor to transfer its entire interest in rents to a mortgagee upon executing the mortgage, such that the transfer will remain effective in the mortgagor's eventual bankruptcy.
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e-Discovery Technology for the $100,000 (or Less) Case
One of the main trends mentioned by many at LegalTech NY was e-discovery technology solutions for smaller cases. Historically, e-discovery technology tools have been geared toward the largest of cases from a document and data volume standpoint. Cases with smaller volumes (and often, less dollars at stake), however, have the same needs for efficiencies in the e-discovery process. Fortunately, there are several solutions that benefit these smaller cases.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›