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Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Samuel Oddi
As literary devices, a “story-within-a story” and a “play-within-a-play” have a long lineage. Shakespeare seems to have been particularly fond of these devices. The legal analog may be seen as the “case-within-a-case” (“trial-within-a-trial,” “suit-within-a-suit”) arising in legal malpractice cases. The case-within-a-case terminology seems to be the most commonly used and hence will be used herein. While it is clear that the “case” is the malpractice case, it is not so clear what the “case-within-” is, which is usually referred to as the “underlying case.” Often, it seems to be presumed that the underlying case is limited to litigation, which would …
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Robert L Tucker
Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.
This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
Robert L Tucker
No abstract provided.
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Robert L Tucker
No abstract provided.
Industrial Espionage As Unfair Competition, Robert L. Tucker
Industrial Espionage As Unfair Competition, Robert L. Tucker
Robert L Tucker
No abstract provided.
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
Robert L Tucker
No abstract provided.
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Robert L Tucker
No abstract provided.
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Robert L Tucker
No abstract provided.