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There has been much discussion, even recent proposed legislation (See New York State Assembly Bill A10446), over whether Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute defining the basis and supporting factors for determining spousal maintenance awards in New York, is difficult to apply and should be replaced with a statute that uses a formula to calculate both the amount and duration of maintenance.
Another point of view on this key ruling from the Supreme Court.
Features
Recent rulings of interest to you and your practice.
The latest news of importance to you and your practice.
Features
One author's strong views about <i>Wyeth v. Levine</i>.
In last month's newsletter the authors looked at California's 25-year-old medical malpractice award damage cap legislation ' the Medical Injury Compensation Reform Act (MICRA) ' and began to explore arguments for and against its constitutionality. Herein, they continue that discussion.
The decisive March 4 U.S. Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
The failure to manage a patient's airway can lead to lack of oxygenation and ventilation, and to resulting brain injury or death. Such failures can easily culminate in large awards. An expert explains.
Features
It is a staple in virtually every patent case for defendants to assert defenses of non-infringement, invalidity, and inequitable conduct. While patent litigators appropriately focus on these traditional defenses, there are also nontraditional defenses — including lack of ownership of the patent-in-suit, judicial estoppel, and unclean hands — that may be incredibly beneficial to patent defendants.
By intelligently abandoning non-essential patents and trademarks and increasing revenue from IP sales, businesses can strengthen their balance sheets and increase competitiveness.