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New York Recognizes Parental Status of Woman in Vermont Same-Sex Civil Union

ALM Staff & Law Journal Newsletters

Who qualifies as a parent when one member of a same-sex couple has a child after entering into a same-sex civil union under the laws of another state? This was only one of the questions with far-reaching consequences the Court of Appeals recently answered in <i>Debra H. v. Janice R.</i>

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Med Mal News

ALM Staff & Law Journal Newsletters

Recent news of interest.

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Drug & Device News

ALM Staff & Law Journal Newsletters

Information of importance to your practice.

Discovery of Damages in Med Mal Cases

Chad L. Staller

Last month, the author began discussion of the importance of conducting discovery on damages in the early stages of case preparation. The discussion concludes herein.

Evidence of Risk of the Procedure

Christopher D. Bernard

There is a very important distinction between evidence that a particular complication is a risk of a procedure, and evidence that this complication occurs without negligence. Evidence of the former is not relevant without the latter.

Immigration Medical Care

Janice G. Inman

In a landmark holding released May 3, the U.S. Supreme Court held that the Public Health Service Act (PHSA) precludes <i>Bivens</i>-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties.

Features

Decisions of Interest

ALM Staff & Law Journal Newsletters

Rulings of importance to you and your practice.

Ruling Affirms Narrow Reading of 'Parent' in Same-Sex Case

Joel Stashenko

Declining to overrule a 19-year-old precedent, the New York Court of Appeals narrowly held that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York law.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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