In this presentation: - Provide recommendations regarding best practices, bylaw provisions and other strategies to address and resolve quality and peer review issues without resorting to “investigations” and...more
In This Presentation: - Overview: • The "right" result on appeal depends on your perspective, but several factors go into reaching a principled appellate decision. • Our discussion will examine some...more
The Supreme Court recently applied its “rigorous analysis” standard to class-wide damages evidence and reversed class certification. See Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) (slip opinion). The “rigorous...more
While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns...more
On Friday, the Court of Appeals for the Federal Circuit ordered en banc review to address long-standing questions regarding the standard of review for claim construction in patent cases. In Lighting Ballast Control LLC v....more
In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization responsible for the global coordination of the use of domain names, IP addresses and the like, announced that it would accept...more
The US Court of Appeals for the Seventh Circuit has held that the same standards governing Rule 23 class certification claims apply to wage-and-hour “collective action” claims brought under the Fair Labor Standards Act...more
California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012)...more
In a recent decision from the Appellate Division, First Department, a unanimous panel reinstated claims asserted by three plaintiffs under the New York City Human Rights Law (“NYCHRL”). The plaintiffs in Hernandez, et al. v....more
Right after the judge or the jury renders a “bad verdict” we all have undoubtedly heard, at least, one our clients say they want to appeal the case “all the way to the United States Court, if that’s what it takes to get...more
In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more
In This Issue: - Editors' Overview - Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen - Rulings, Filings, and Settlements of Interest ...more
In This Presentation: - Offer of Judgment Statutes - 768.79 Offers - Rule 1.442 - What does an OJ include? - Shifting Defendant’s Fees - 768.79 Language - Shifting Plaintiff’s Fees - Subsequent Offers -...more
In This Issue: - The Starting Point - Courts of Justice Act - Rules of Civil Procedure - A Brief Word About Costs - Tort Action Non-Jury - Accident Benefit Appeals - Appeals in the...more
[T]he estimated likelihood of success in establishing infringement is governed by Federal Circuit law. [A movant for a preliminary injunction in a patent case] need not meet [the] heightened "clear or substantial likelihood"...more
Originally published in Life Sciences Law & Industry Report on 11/30/2012. The standard of review is frequently cited but often overlooked as being outcome-determinative in patent cases. A recent trio of decisions by the...more
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