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Recently, the Georgia Court of Appeals affirmed a directed verdict based on <i>Daubert</i> principles in a shoulder dystocia case. The court reasoned that the expert's testimony was 'unreliable' because of improper use of the 'differential diagnosis' method and the fact that he made unsupported leaps from assumed facts to conclusions without evidentiary or medical/scientific support. Here's an analysis of the court's thinking.
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In a stunning turnaround today, separate appeals courts in New Jersey and Texas reversed verdicts against Merck from some of the earliest trials involving the now-withdrawn painkiller Vioxx.
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No CAN-SPAM Claims When ISP Cannot Show Real Adverse Effects<br>Court Says Departing Worker's Computer Access No CFAA Breach<br>No Impleading ISP, P2P Network on Unrelated Torts<br>Roommate Site Not Immune under CDA From FHA Claims<br>Non-residents Using Others' Trademarks for Web Traffic Answers in Owner's Forum
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Copyright Infringement/File Sharing<br>Copyright Infringement/Summary Judgment<<br>Royalty Suit/Right to Trial by Jury<br>Sampling Suits/Sound Recordings
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BLANKET SONG LICENSES/INTERNET SERVICES<br>COPYRIGHT INFRINGEMENT/SETTLEMENT OFFER
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The California Court of Appeal, Second District, decided that the term 'Purchaser' in an agreement for 'Walt Disney Productions' to purchase rights in the novel 'Who Censored Roger Rabbit?' and its characters didn't apply to Disney's subsidiaries.
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On April 8, 2008, the Third U.S. Circuit Court of Appeals issued a significant decision concerning the authority of federal regulatory agencies to pre-empt state tort claims, <i>Colacicco v. Apotex Inc.</i>, No. 6-5148.
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The Eighth U.S. Circuit Court of Appeals recently decertified a class of more than 11,000 plaintiffs in the Silzone heart valve litigation on the basis that individual questions regarding causation would predominate over any common issues related to the truth or falsity of the alleged misrepresentations.
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Recent rulings of interest to you and your practice.
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It had to happen. While many in front of and behind the political scenes have fought the concept of same-sex marriage, the well-established principles of full faith and credit or comity make it inevitable that same-sex marriage and the concomitant right of those couples to divorce would be somehow recognized in New York.
