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Verdicts
Recent rulings of importance to you and your practice.
Loss in Injury and Death Matters
Careful attention to all the elements of economic loss, and careful discovery on damages, is essential in ensuring a fair recovery that compensates the plaintiff for what was actually lost.
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Genes Linked to Breast, Ovarian Cancers Are Ruled Unpatentable
Two isolated genes closely associated with breast and ovarian cancer are unpatentable, a federal judge ruled in March. This article presents an analysis of the case.
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Courts Diverge on Ex-Parte Interviews Under HIPAA
There is, as yet, no consensus on whether defense counsel in medical malpractice proceedings have the right to interview plaintiffs' treating physicians through ex parte interviews to which plaintiffs and their counsel are not invited.
Text Messaging Heard By the Supreme Court
The U.S. Supreme Court on April 19 wrestled with the privacy expectations of public employees in a case involving workplace monitoring of text messages. By the end of arguments in <i>City of Ontario, Calif. v. Quon</i>, some justices, unfamiliar at first with the ins and outs of text technology, appeared better informed, but Jeffrey Quon's expectation of victory appeared to decline.
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<i>Tiffany v. eBay </i>
The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
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When 'If and When' Becomes 'Here and Now'
The recent merger of Wyeth and Pfizer illustrates some of the problems arising from these mergers and the resolution of these problems. Part One of this article addressed deferred compensation and performance share awards. The conclusion herein addresses options.
Child Custody Jurisdiction in a Global Society
This article addresses problems that commonly occur in international custody disputes when one of the parents and the children are in, or return to, the U.S., there is no custody order in place, and the other parent removes the children to a foreign country.
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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 ›
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- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›