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In the Courts
Recent key rulings of interest to you and your practice.
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Michelin Settles Tire Case
Two months after a federal judge in Atlanta sanctioned Michelin North America with a finding that one of its tires was defective and unreasonably dangerous, the company has settled with an Alabama man.
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Practice Tip: Daubert's 'Fit' Requirement
Three circuit courts provide an alternative to thw majority trend and hold that <i>Daubert's</i> "fit" requirement is not satisfied when the disconnect between an expert's data and opinions is too "wide."
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<i>Hadden</i> and Medicare's 'Full Reimbursement' Rule
By adopting a construction of the Act that allows the government to obtain full reimbursement of Medicare payments from a discounted settlement, even if the reimbursement exhausts the settlement, the Sixth Circuit's opinion chills settlement and undermines the efficient use of judicial resources.
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Physician Migration and Hospital Captives
Modifications to health care delivery are changing at a pace that far exceeds anyone's expectations ' and perhaps exceeds our ability to react and respond in a fashion that protects both provider and patient.
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Court Orders Target Internet Companies In Trademark Disputes
A proposed law to combat digital piracy stalled last year in the face of widespread public opposition, but district courts are embracing its controversial remedies against Internet companies that do business with alleged infringers in trademark cases.
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Using Social Media to Your Advantage in Litigation
Social networking sites are not just for social networking. As individuals become more and more comfortable with presenting "private" information to the "public," information posted on social networking sites can provide a rich source of discovery and can be a game-changer in litigation.
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Bit Parts
Eleventh Circuit Interprets "Licensed Indicia"<br>Humor Website Qualifies as "Internet Service Provider" <br>No Substantial Similarity Found Between Rap and R&B Songs<br>Songwriter Royalties Aren't Immune from Attorney Fees Levy
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MOST POPULAR STORIES
- The Anti-Assignment Override ProvisionsUCC 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?Read More ›
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- Settlement Between Gaga and Manager To Stay Out of Public ViewLady Gaga and her former producer, Rob Fusari, won a court order that keeps a lid on the terms of a 2010 settlement agreement between them that has become pertinent to another case now headed for trial.Read More ›
- An Overview of Recovering Trademark Infringement DamagesThis article discusses recovering damages for trademark infringement and various strategies for establishing those damages.Read More ›