The related torts of malicious prosecution and abuse of process both vindicate the important personal rights to be free from unwarranted or abusive litigation tactics. There are some important distinctions in the elements of...more
Patent reform legislation continues to be hotly debated, both in the public arena and before Congress. Federal Circuit Chief Judge Randall R. Rader recently said that Congress should leave reform to the courts, echoing...more
Infosys, a global technology, consulting and outsourcing company based in India, has agreed to pay a record settlement of $34 million to resolve claims of visa fraud and abuse of immigration processes, the US Department of...more
Malicious prosecution actions in California are complex. Filing and defending such actions require the handling attorney to have a deep understanding of the interplay of anti-SLAPP law, SLAPP-back actions and malicious...more
To a full house and rapt audience of 500 attendees at the Eastern District of Texas Bench Bar Conference in Plano, Federal Circuit Chief Judge Randall R. Rader last week delivered a persuasive and impassioned Patent Law...more
Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled.
Just in time for Halloween, Senator Orrin Hatch (R-Utah) has introduced yet another piece of legislation to combat the perceived "patent troll" problem. The Patent Litigation Integrity Act (S. 1612) is aimed at shifting the...more
Following two earlier drafts floated in May and September 2013, House Judiciary Committee Chairman Bob Goodlatte on October 23, 2013 formally introduced a bill, titled the “Innovation Act,” aimed at curbing abusive patent...more
In Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., 2013 U.S. Dist. LEXIS 143478 (N.D. Cal. Oct. 3, 2013) (Chesney, J.), the Court dismissed attempted monopolization and monopolization counterclaims with leave to...more
The Federal Trade Commission (FTC) announced on September 27, 2013 that it would begin an investigation of so-called “patent assertion entities” (PAE). Its first step was to seek public comment on a lengthy series of...more
Traditionally, Texas trial court judges have enjoyed a virtually unlimited power to order new trials “in the interest of justice.” The Texas appellate courts have refused to review almost all new trial orders. This has led to...more
Previously, we posted about Governor Peter Shumlin signing into law Vermont’s first-in-the-nation (and so far only-in-the-nation) patent troll legislation helping Vermont businesses protect themselves from bad faith patent...more
In order to combat the perceived "patent troll" problem, members of Congress in both the House and the Senate introduced bills last spring aimed at addressing abusive patent litigation tactics. One of the more comprehensive...more
Christ v. Flinthill Space Comm. Trust, 2013 WL 3771178 (Va. June 17, 2013).
In this divorce case, the plaintiff and her counsel were fined $880,748.26 for using abusive, “vindictive” discovery tactics. ...more
In Trapp v. Naiman, the California Court of Appeal for the Fourth Appellate District decided an interesting real property case. The case began as a non-judicial foreclosure and unlawful detainer matter. The case then morphed...more
House Judiciary Chairman Bob Goodlatte (R-Va.) on May 23, 2013 released a discussion draft of legislation designed to curb abusive patent litigation....more
Wolfe v. Foreman, 3D10-3055 (Fla. 3d DCA 2013) -
The issue in this appeal was whether the litigation privilege, which protects actions taken in the course of and related to a judicial proceeding from civil liability,...more
This post is an updated version of the original, which was published in July of 2011.
How could INTERPOL shield itself from being used as a political weapon against a corrupt country's own people? In a previous post,...more
I. FLORIDA STATE CASES – STEFANIE LINCOLN -
Litigation Privilege: litigation privilege, which protects actions taken in the course of and related to judicial proceedings from civil liability, applies to causes of...more
On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more
In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more
In the recent decision of Dugai, Murphy v. Manulife Financial Corporation (2013 ONSC 327), the Divisional Court confirmed the principle that defendants have no obligation to lead evidence on a motion for leave to assert a...more
Employees aren't equipped with an overwhelming array of weapons to fight back anticompetitive lawsuits.
I have written many times on this blog about this topic. In this author's view, the legal system works most...more