Stay Awhile: The Evolving Law Of District Court Stays In Light Of Inter Partes Review, Post-Grant Review, And Covered Business Method Post-Grant Review,
2015
Unified Patents, Inc.
Stay Awhile: The Evolving Law Of District Court Stays In Light Of Inter Partes Review, Post-Grant Review, And Covered Business Method Post-Grant Review, Jonathan Stroud, Linda Thayer, Jeffrey C. Totten
Buffalo Intellectual Property Law Journal
No abstract provided.
Amending Rather Than Cancelling Claims In Inter Partes Reviews,
2015
Finnegan, Henderson, Farabow, Garrett, & Dunner, LLP
Amending Rather Than Cancelling Claims In Inter Partes Reviews, Stacy Lewis, Tom Irving
Buffalo Intellectual Property Law Journal
No abstract provided.
Navigating The Limitations On Discovery In Aia Post-Grant Proceedings,
2015
McNeill Baur PLLC
Navigating The Limitations On Discovery In Aia Post-Grant Proceedings, Mary R. Henninger, Jill K. Macalpine, Amelia Feulner Baur, Anthony A. Hartmann, Lara C. Kelley, Rebecca M. Mcneill, P. Andrew Riley, Michael A. Stramiello
Buffalo Intellectual Property Law Journal
No abstract provided.
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation,
2015
Loyola Marymount University and Loyola Law School
Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint
Loyola of Los Angeles Entertainment Law Review
This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …
Preservation Rules In The Federal Courts Of Appeals,
2015
University of Arkansas Little Rock
Preservation Rules In The Federal Courts Of Appeals, Ian S. Speir, Nima H. Mohebbi
The Journal of Appellate Practice and Process
No abstract provided.
Transnational Class Actions In The Shadow Of Preclusion,
2015
Cornell Law School
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Indiana Law Journal
The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …
Drug Design Liability: Farewell To Comment K,
2015
Brooklyn Law School
Drug Design Liability: Farewell To Comment K, Aaron Twerski, James A. Henderson Jr.
Faculty Scholarship
No abstract provided.
An Empirical Look At Compensation In Consumer Class Actions,
2015
Vanderbilt University Law School
An Empirical Look At Compensation In Consumer Class Actions, Brian T. Fitzpatrick, Robert C. Gilbert
Vanderbilt Law School Faculty Publications
Consumer class actions are under broad attack for providing little in compensation to class members. One response to this charge is the argument that one of us has made elsewhere: consumer class actions should not be measured by their compensatory value, but by their deterrence value. But here we take up this critique of consumer class actions on its own terms: can they serve a meaningful compensatory role? Scholars have taken up this question before, but they have been stymied by the lack of available data. In this Article, we present original data on the distribution of class action settlements …
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases,
2015
Barry University School of Law
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach
Barry Law Review
No abstract provided.
The Discovery Sombrero And Other Metaphors For Litigation,
2015
The Catholic University of America, Columbus School of Law
The Discovery Sombrero And Other Metaphors For Litigation, William H. J. Hubbard
Catholic University Law Review
Little is known about discovery costs in civil litigation, particularly in regard to preservation—the duty to preserve relevant information when litigation is reasonably anticipated. This article is one of the first to present and analyze empirical evidence on the nature and costs of preservation and discovery. Using this data, the author proposes three new metaphors for civil litigation: the discovery sombrero, the preservation iceberg, and the long tail of litigation costs. These metaphors help demonstrate the sometimes surprising ways that the Erie doctrine, the role of technology in litigation, and the Federal Rules’ commitment to transsubstantivity interact with current challenges …
Injury-In-Fact In Chilling Effect Challenges To Public University Speech Codes,
2015
The Catholic University of America, Columbus School of Law
Injury-In-Fact In Chilling Effect Challenges To Public University Speech Codes, Jennifer L. Bruneau
Catholic University Law Review
Campus speech codes began to spring up on university campuses during the 1980s and continue to operate today. The codes regulate various forms of arguably offensive speech, including speech regarding race, gender, sexual orientation, ideology, views, and political affiliation. Numerous litigants have challenged the chilling effect these policies have on student and faculty speech, but in cases where the challenged code has not yet been enforced, some courts find that the plaintiff has not met the “injury-in-fact” requirement for Article III standing. The Supreme Court has not ruled on standing requirements in speech code challenges and lower courts are divided. …
Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause,
2015
The Catholic University of America, Columbus School of Law
Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause, Ashton Habighurst
Catholic University Law Review
In April 2014, news of long delays at the Phoenix VA Medical Center and the subsequent deaths of forty Veterans awaiting medical appointments shocked the nation. Based on this perceived failure among VA’s senior medical staff, legislation swept through the House and the Senate in an attempt to enhance accountability at the VA. By August 2014, President Obama signed the Veterans Access, Choice and Accountability Act of 2014 into law. This Act revises the termination procedures concerning the VA’s senior executives, by eliminating the notice requirement, significantly reducing the appellate procedures for adverse employment decision to the Merit Systems Protection …
Blackness As Character Evidence,
2015
University of Missouri-Kansas City School of Law
Blackness As Character Evidence, Mikah K. Thompson
Michigan Journal of Race and Law
Federal Rule of Evidence 404 severely limits the government’s ability to offer evidence of a defendant’s character trait of violence to prove action in conformity with that trait on the occasion in question. The Rule states that such character evidence is generally inadmissible when offered to prove propensity. The Rule also allows the government to offer evidence of an alleged victim’s character for peacefulness in homicide cases where the defendant asserts the self-defense privilege. Although criminal defendants may offer character evidence under limited circumstances, Rule 404 creates a significant disincentive for doing so. Where a defendant offers evidence of an …
Newsroom: Judge Edward Clifton Joins Faculty,
2015
Roger Williams University
Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Design Litigation And The State Of The Art: Terminology, Practice And Reform,
2015
The University of Akron
Design Litigation And The State Of The Art: Terminology, Practice And Reform, Edward T. O'Donnell
Akron Law Review
We suggest that rather than ignore these problems, or bemoan them ineffectually, the judiciary should accept the fact that the decision to venture into the area of scientific and technological controversy' carries with it a duty to reconcile the law with the essentials of the scientific method. Some courts already have begun to do so. For instance, suggestions that the manufacturer's obligation to design a safe product necessarily must be limited by the state of the art are common in negligence, warranty and strict liability decisions alike. Unfortunately these statements usually are dicta rather than holdings. Worse, the authors of …
The Products Liability Crisis: Modest Proposals For Legislative Reform,
2015
The University of Akron
The Products Liability Crisis: Modest Proposals For Legislative Reform, William P. Bivins Jr.
Akron Law Review
This article will attempt to identify some of the sources of the problems which are adversely affecting the system of products liability litigation and will offer proposals for reform within the framework of the law of products liability.
Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness,
2015
Brigham Young University Law School
Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness, Daniel W. Morton-Bentley
Brigham Young University Education and Law Journal
No abstract provided.
Of Ethics And Economics: Contingent Percentage Fees For Legal Services,
2015
The University of Akron
Of Ethics And Economics: Contingent Percentage Fees For Legal Services, Janet Ann Laufer
Akron Law Review
The contingent percentage fee "is the dominant system in the United States by which legal services are financed by those seeking to assert a claim." The contingent fee is practically the exclusive method of compensating attorneys in personal injury cases.' Contingent percentage fees are also frequently employed in antitrust litigation, class suits, minority stockholder suits, worker's compensation practice, tax practice, and will settlements.'I While the Ethical Considerations of the Code of Professional Responsibility authorize use of the contingent fee in most civil cases," contingent fees are generally considered unethical when applied to criminal cases, divorce cases, and arrangements for procuring …
Hypnosis In Our Legal System: The Status Of Its Acceptance In The Trial Setting,
2015
The University of Akron
Hypnosis In Our Legal System: The Status Of Its Acceptance In The Trial Setting, Joel R. Hlavaty
Akron Law Review
Hypnosis is a method of therapy which has been utilized by society for quite some time. Recently, it has gained popularity as a new device to be used in the trial setting. Although it is a legitimate method of therapy in the medical and psychological professions, in the hands of attorneys and the legal system it takes on a whole new life. This new life is plagued with questions of admissibility, reliability and suggestibility. This comment will examine these questions and the use of hypnosis in the various stages of trial. This paper will show that some courts hold such …
The Citizen's Relief Against Inactive Federal Officials: Case Studies In Mandamus, Actions "In The Nature Of Mandamus," And Mandatory Injuctions,
2015
The University of Akron
The Citizen's Relief Against Inactive Federal Officials: Case Studies In Mandamus, Actions "In The Nature Of Mandamus," And Mandatory Injuctions, Howard W. Brill
Akron Law Review
Historically, the citizen-plaintiff would have sought the common law writ of mandamus if he were able to scale, or avoid, the threshold barriers of standing and sovereign immunity. This article will examine briefly the history of the writ of mandamus, the requirements for issuance of the writ, and the defenses accepted by courts to deny its issuance. The article will focus specifically on the unique position of the writ in federal courts, including its abolition by the Federal Rules of Civil Procedure.
