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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courts in New Jersey and Texas reversed verdicts against Merck from some of the earliest trials involving the now-withdrawn painkiller Vioxx.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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U.S. Census Bureau estimates for first-quarter e-commerce spending reflect a slowing economy, but e-commerce continued rising as a percentage of all retail spending, government figures released last month show.
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Recent court decisions, congressional legislation and foreign governmental self-help actions appear to be aimed at transforming the new millennium's icon of free speech ' the Internet ' into a source of semi-free speech.
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If you've grabbed the brass ring ' or you want to prepare to ' don't rest on your laurels too long. Experienced e-commerce counsel warn colleagues not to let the ever-shifting world of e-commerce catch them unaware. Traits of effective e-commerce counsel, culled from a cadre of some of these experts, follow.
Asking an e-commerce entrepreneur whether he or she knows what the business looks like may seem silly. After all ' doesn't it seem a given that no one can run a business, whether an e-commerce venture or a traditional bricks-and-mortar storefront operation, without knowing its basic financial information, especially cash flows, receivables and payables, and the balance sheet?
Managers can no longer ignore the performance of individual practices, hoping problems will correct themselves. Firms everywhere are venturing into various types of reporting and 'profit center accounting,' typically based on the performance of individual practice groups and even specific clients. However, they take a variety of approaches to these analyses, and the differences can cause severely different analytic outcomes.
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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