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Federal Health Care Law May Reduce or Eliminate Future Medical Expense Tort Damages Image

Federal Health Care Law May Reduce or Eliminate Future Medical Expense Tort Damages

H. Thomas Watson

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.

Features

U.S. Supreme Court Overturns NJ Supreme Court's Extension of Long-arm Jurisdiction Image

U.S. Supreme Court Overturns NJ Supreme Court's Extension of Long-arm Jurisdiction

James J. 'J.' Ferrelli & Paul M. da Costa

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.

Features

Practice Tip: Pleading of Parallel Claims After Riegel Image

Practice Tip: Pleading of Parallel Claims After Riegel

Allison M. Rovner

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.

Features

Summary Judgment Practice Refined by a New Decision Image

Summary Judgment Practice Refined by a New Decision

Michael Hoenig

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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ALM Staff & Law Journal Newsletters

Cutting-Edge Case Developments in Entertainment, Sports &amp; Digital Media Law. Sept. 21. Denver, CO.

Features

Bit Parts Image

Bit Parts

Stan Soocher

George Clinton's Bid for Internet Royalties Barred<br>Visual Artist's Jazz Fest Creations Aren't Covered By Moral Rights Statutes

Features

Marvel's Win over Kirby Estate Image

Marvel's Win over Kirby Estate

Jan Wolfe

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.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

In-depth discussion of important rulings.

Features

In re Soho 25 Retail, LLC Benefits Mortgage Lenders in New York Image

In re Soho 25 Retail, LLC Benefits Mortgage Lenders in New York

William M. Hawkins

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.

Features

e-Discovery Technology for the $100,000 (or Less) Case Image

e-Discovery Technology for the $100,000 (or Less) Case

Doug Austin

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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  • 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.
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  • Private Equity Valuation: A Significant Decision
    Insiders (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.
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