Second Circuit Allows Asbestos Claims to Proceed Against Pfizer
An in-depth look at why and how the Second Circuit reached its decision on asbestos claims against Pfizer, whose parent company had filed for bankruptcy.
Pinnacle Airlines' Chapter 11
On April 1, 2012, Pinnacle Airlines became the 11th smaller airline to file Chapter 11 since BAPCPA. But this time, there's a difference.
Features
In Pari Delicto: The Seventh Circuit Gives New Life to Evil Zombies
A recent decision is critically important to bankruptcy lawyers, particularly those who prosecute and defend causes of action brought by bankruptcy estates and their representatives.
Features
<i>Hadden</i> and Medicare's 'Full Reimbursement' Rule
By adopting a construction of the Act that allows the government to obtain full reimbursement of Medicare payments from a discounted settlement, even if the reimbursement exhausts the settlement, the Sixth Circuit's opinion chills settlement and undermines the efficient use of judicial resources.
Features
Physician Migration and Hospital Captives
Modifications to health care delivery are changing at a pace that far exceeds anyone's expectations ' and perhaps exceeds our ability to react and respond in a fashion that protects both provider and patient.
Lost in Translation: Electronic Medical Records, HIPAA and Litigation
Health care providers and their attorneys must be aware of the risk management issues created by the cross-requirements of HIPAA and HITECH, including how the electronic medical record (EMR) will be viewed and interpreted in the event of litigation.
Features
Court Orders Target Internet Companies In Trademark Disputes
A proposed law to combat digital piracy stalled last year in the face of widespread public opposition, but district courts are embracing its controversial remedies against Internet companies that do business with alleged infringers in trademark cases.
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- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›