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A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider.
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Has acceptance of technology-assisted review (TAR) finally turned a corner and earned broad acceptance in the legal community? Some recent comments by the influential and technology-savvy Magistrate Judge Andrew Peck would seem to indicate that TAR has moved beyond the controversial stage and entered into the mainstream of e-discovery practice.
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The Ninth Circuit has held that fair use is an exception to copyright law and not a defense, in the first federal appeals court ruling on this issue. The decision is the latest in the ongoing battle between plaintiff Stephanie Lenz and defendant Universal Music Corp. and affiliated companies (Universal). Starting in a rural kitchen in Pennsylvania, the case is now a landmark decision in copyright law that protects many home videographers.
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At what point does one spouse's gifts to family and friends, or their bad investments and/or extravagant spending, become considered dissipation in the eyes of an adversary looking to review a case or the judiciary, and what remedies are available to a spouse where a dissipation has been found to have occurred?
On Sept. 7, 2015, President Barack Obama signed Executive Order No. 13706, which requires federal contractors to offer their employees working on federal contracts up to seven days of paid sick leave per year. The Executive Order will impact contracts entered into on or after Jan. 1, 2017.
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It is of great frustration for family lawyers to practice with other lawyers who do not know the simple Rules of Evidence. How can you try a case properly if you do not know what objections to make and not to make? How can you try a case if you do not know how to ask direct examination or non-leading questions?
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While iOS devices have inspired the development of dozens of trial-related apps, the fact remains that many cases are essentially won and lost in deposition. Although deposition-oriented apps remain far scarcer than trial offerings, mobile attorneys toting iPads can turn to several useful apps to help them handle various deposition-related tasks easily and flexibly from almost anywhere.
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Last month, the authors discussed a recent New Jersey Appellate Division opinion in an otherwise typical nursing home case made different when the plaintiffs tried to obtain a more favorable presentation to the jury by utilizing numerous provisions of New Jersey's Nursing Home Responsibilities and Rights of Residents Act (NHA). They conclude their discussion herein.
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Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful 'remedies to problems that arise.
GoDaddy.com has now prevailed as defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, the plaintiffs sought to hold GoDaddy liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. Although the factual circumstances underlying the claims are different, the principal reason for the plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
