Scour Lawyer

Legal News
XML Feed

Archive for April, 2009

United States Tells 3rd Circuit It Now Has No Position On Drug Preemption

Wednesday, April 29th, 2009

PHILADELPHIA — The United States on April 28 said it now takes no position about preemption of drug claims in the Joseph C. Colacicco, et al. v. Apotex Inc., et al. case that was returned to the Third Circuit U.S. Court of Appeals following the U.S. Supreme Court’s ruling in Wyeth v. Diana Levine (No. […]

1st Circuit Panel Reverses Ruling Allowing Webcasting Of Downloading Case

Wednesday, April 29th, 2009

BOSTON - On April 16, a First Circuit U.S. Court of Appeals panel reversed a trial court judge’s ruling to allow “narrowcasting” of the trial in a closely watched online downloading case, finding that a local Massachusetts rule and judicial policies weighed heavily against permitting any kind of courtroom broadcasting except in specific exceptions (In […]

Jury Finds Brokers Not At Fault For Collapse Of Reinsurance Pool

Wednesday, April 29th, 2009

NEW BRUNSWICK, N.J. - An unanimous jury recently found that Aon Re Inc. and one of its insurance brokers were not at fault for the collapse of a reinsurance pool and that they met all of their obligations and fiduciary duties owed to a life insurance company (ReliaStar Life Insurance Co. v. Aon Re Inc. […]

ICSID Annuls Award, Finds Ship Salvage Contract Constituted An Investment

Wednesday, April 29th, 2009

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 16 annulled an award, finding that it did not have jurisdiction to hear a dispute regarding a contract between the Government of Malaysia and a company it hired to find and salvage cargo on a sunken ship (Malaysian Historical Salvors SDN […]

E-Discovery on the Cheap

Tuesday, April 28th, 2009

The good news for lawyers is, less e-discovery can be more, says Baker Hostetler attorneys Frederick Chockley III, Elizabeth Scully and Rebecca Barnes. Through strategic planning, careful organization and technological savvy, costs can be cut significantly by improving efficiency.
Original post by LexisNexis® Mealey’sâ„¢ Legal News

Panel Reverses Summary Judgment In Failure To Identify Lung Cancer Case

Tuesday, April 28th, 2009

ST. PAUL, Minn. - A Minnesota appellate panel on April 7 ruled that a district court erred by granting summary judgment to a pair of defendants in a medical malpractice action, noting that a plaintiff’s expert linked the failure to diagnose a man’s lung cancer to his early death (Joseph Crosby v. Karla G. Myhra-Bloom […]

6th Circuit Finds Benefit Denial Was Arbitrary, Capricious

Tuesday, April 28th, 2009

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 8 reversed a lower court’s finding that an insurer’s decision to terminate benefits to a doctor with cervical problems was reasonable. The appeals court found the denial of benefits arbitrary and capricious in light of the medical evidence (Lois Kramer v. Paul Revere Life […]

Rigid Interpretation Of Admissibility Standards Was Error, Georgia Panel Says

Tuesday, April 28th, 2009

ATLANTA - A trial judge wrongly excluded a traffic engineer’s testimony by strictly interpreting the testing and error rate admissibility factors, the Georgia Court of Appeals held March 23 in reversing summary judgment for defendants in a highway accident case (Lakeisha Hamilton-King, et al. v. HNTB Georgia, et al., No. A08A2246, Ga. App., 2nd Div.; […]

Ready to Litigate Through the Clouds?

Monday, April 27th, 2009

Cloud computing is a potential mother lode of electronically stored information — both in terms of discoverable data and legal issues. Lawyers should work hand-in-hand with IT and business resources to minimize risks without erasing the tremendous efficiencies of cloud litigation.
Original post by LexisNexis® Mealey’sâ„¢ Legal News

Judge Cool to DVD Copying

Monday, April 27th, 2009

The Motion Picture Association of America sued RealNetworks over its DVD-copying software when the product launched last fall. The case highlights the fundamental divide between Hollywood and technology companies and will likely impact the legal status of copying movies under the DMCA.
Original post by LexisNexis® Mealey’sâ„¢ Legal News

Scour Lawyer is powered by WordPress and the Fluid Web Theme