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Features

State-By-State Review of Same-Sex Marriage

ALM Staff & Law Journal Newsletters

An interactive map of same-sex marriage news, laws and status; updated daily.

State-By-State Review of Same-Sex Marriage

ALM Staff & Law Journal Newsletters

An interactive map of same-sex marriage news, laws and status; updated daily.

Features

Gays and Adoption: the Latest in Florida

ALM Staff & Law Journal Newsletters

[Editor's Note: For up-to-date information on the fast-changing issue of same-sex marriage and adoption, please visit http://www.ljnonline.com/alm?map…

Features

Litigation

ALM Staff & Law Journal Newsletters

Recent cases of importance to your practice.

Should Forensic Psychologists Make Custody Recommendations?

Jeffrey P. Wittmann, PhD

As discussed in the first part of this article, forensic evaluations can have a dramatic effect on the trajectory of a contested custody dispute and, ultimately, on the path a particular child's life will take post disposition. There are many arguments against giving specific custody recommendations, eg, it has not been established that following specific custody recommendations will result in a better family situation. In addition, the recommendations are frequently deeply subjective and value-laden and the profession itself is divided on many important issues. The conclusion of this article explores the ethical concerns, professional role and positive contributions of forensic psychologists.

Can a Custodial Parent Be Forbidden to Relocate?

Kimberli J. Reagin

Parents in Georgia may need to reconsider moving out of state, or they could risk losing custody of their children. The Nov. 10, 2003 decision by the Supreme Court of Georgia in <i>Bodne v. Bodne</i>, 588 S.E.2d 728 (2003) (Benham, J., dissenting) has overruled or otherwise affected nearly 100 years of child custody law, and it has rescinded the well-established presumption that custodial parents have a <i>prima facie</i> right to retain custody.

Features

Debts, Divorce, and Student Loans

Mark Momjian

Increasingly, family lawyers are encountering property division cases involving the equitable distribution of student loans or claims seeking equitable reimbursement for funds spent on higher education during the marriage. The statistics regarding tuition increases are staggering. According to the College Board's most recent annual survey on trends in college pricing (www.collegeboard.com), for private colleges, the average cost of a 4-year program, including room and board, is $78, 840. The average figure for in-state public universities is $18,776.

Features

European Union to Step Up Anti-Counterfeiting Measures

ALM Staff & Law Journal Newsletters

The latest from the EU.

News from the FDA

ALM Staff & Law Journal Newsletters

The latest news of interest to you and your practice.

Features

When One Patent Application Begets Ten

Teresa J. Welch

Restriction practice (ie, the restriction of a patent application to prosecution of a single claimed invention per filing fee) has been around since the mid-1800s. In recent years, hyperproliferation of restriction requirements, especially in the biotechnology, chemical and software arts, has occurred. It has not been uncommon for the U.S. Patent and Trademark Office (PTO) to assert that a patent application contains 10, 20, even 100 distinct inventions.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    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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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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