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Verdicts
Plaintiff Not Unfairly Surprised by Greater Detail in Expert Testimony
The Connecticut Appellate Court has affirmed that a party is properly informed of the substance of the opposing litigant's expert's expected testimony under Connecticut law if he is told the basic substance of that testimony, even if the testimony actually given in court goes into greater detail. Vitali v. Southern New England Ear, Nose, Throat and Facial Plastic Surgery Group, 2014 Conn. App. LEXIS 480 (Connecticut Appellate Court, 11/24/14).
To remove the benign tumor in the plaintiff's right parotid gland, the plaintiff's surgeon, Dr. Paul Fortgang, transected the facial nerve and then repaired it. After the operation, the plaintiff allegedly experienced difficulty smiling, raising her right eyebrow and closing her right eyelid. The plaintiff sued Dr. Fortgang and his medical practice for medical malpractice, and alleged that Fortgang did not properly identify and protect the facial nerve.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?