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Verdicts
An Error in Closing Argument Does Not Warrant New Trial
A court recently declined to order a new trial in a medical malrpactice case in which defense counsel made an erroneous statement concerning the burden of proof, after finding that the plaintiff failed to show prejudice. Grussing v. Orthopedic & Sports Med. Inc., 2017 U.S. Dist. LEXIS 65717 (E.D. Mo. 5/1/17).
The plaintiff in this federal diversity action brought suit alleging that Dr. Corey Solman, Jr. and his practice, Orthopedic and Sports Medicine Inc., committed medical malpractice by failing to diagnose and properly treat her knee infection. As a result, the plaintiff claimed, she was forced to undergo further surgery, including total knee replacement.
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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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?