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Appeals Witness Statements

McDermott Will & Emery

Credibility at Issue? Court May Compel Party Representative to Appear In Person

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Addressing for the first time whether a district court can compel a witness to appear in person for testimony involving fraud on the court, the US Court of Appeals for the Federal Circuit affirmed the district court’s...more

Conyers

Private Client Bulletin - Summer 2021

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Welcome to the fifth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. In this issue, we have several notable...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Bradley Arant Boult Cummings LLP

You Don’t Get a Bite at the Big Dog: Texas Court Rules that Injured Worker Cannot Depose Company CEO

What if your employee plaintiff sues you and then demands to take the deposition of your company CEO or some other high-level corporate executive who has no personal knowledge about the facts of the case? No one would be...more

Littler

Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

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In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the...more

Jones Day

Federal Circuit Clarifies Probative Value of Patent Dance Statements

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The Situation: The Biologics Price Competition and Innovation Act was considered in a November 2017 decision by the United States Court of Appeals for the Federal Circuit. The Result: The court found that the commercial...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Evaluates Import of Factual Statements Made During BPCIA Pre-litigation Patent Dance

In a nonprecedential opinion issued on November 13, 2017, the United States Court of Appeals for the Federal Circuit affirmed a district court finding that Apotex’s aBLAs for biosimilar versions of Neulasta® and Neupogen® did...more

Lowndes

The Perils of De Novo Review

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Florida’s Third District Court of Appeal issued an opinion yesterday that highlights the perils of de novo review. De novo review is the broadest standard of review for an appellate court, reserved for construing pure...more

Smart & Biggar

Gilead prevails in SOVALDI appeal

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The Federal Court of Appeal recently affirmed a trial decision relating to two competing patents over Gilead’s SOVALDI (sofosbuvir). In the trial decision, as previously reported, the Court declared Idenix’s Patent No....more

Proskauer - Labor Relations Update

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Fisher Phillips

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

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The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Morrison & Foerster LLP

Litigation and enforcement in Japan: overview

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MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Rumberger | Kirk

The Degrees of Truth: When is Dismissal with Prejudice Warranted?

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An essential principle of our legal system is that people are supposed to tell the truth, the whole truth, and nothing but the truth. Yet although individuals giving testimony swear an oath to tell the truth, they often have...more

McDermott Will & Emery

No Appellate “Second Guessing” of Witness Credibility Determinations - Guzman v. Hacienda Records and Recording Studio, Inc.

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Addressing whether nearly identical opening song lyrics showed copying and whether to give more weight to testimony from witnesses who contradicted themselves, the U.S. Court of Appeals for the Fifth Circuit determined that...more

Adler Pollock & Sheehan P.C.

Rhode Island Supreme Court Addresses Deposition Conduct And Instructions Not To Answer

Rhode Island has long honored the late Professor Robert B. Kent’s teachings on civil procedure, including his opinions concerning depositions. In keeping with Professor Kent’s teachings, Rhode Island courts take the position...more

Adler Pollock & Sheehan P.C.

You’ve Got Mail! But Can You Get It Into Evidence?

With the advent of electronic discovery, emails and web pages are now common and fertile areas of discovery. However, until its 2014-2015 term, the Rhode Island Supreme Court had not addressed the means by which emails and...more

Carlton Fields

Tips For Opening Statements And Closing Arguments

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Jury trials are supposed to be a forum within which the parties, represented by competent, professional and zealous counsel, present their positions in a coherent, thoughtful and respectful manner to their fact-finding peers....more

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