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Archive for June, 2010

Federal Circuit Reverses Claim Construction In Centrifuge Patent Case

Tuesday, June 22nd, 2010

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals said June 2 that it will not redraft claims to contradict their plain language even to avoid a “nonsensical result” (Haemonetics Corp. v. Baxter Healthcare Corp. and Fenwal Inc., No. 2009-1557, Fed. Cir.; 2010 U.S. App. LEXIS 11122).
Full story on lexis.com
Original post by LexisNexis® Mealey’sâ„¢ […]

2nd Circuit Certifies Jurisdictional Question To N.Y. Appeals Court

Tuesday, June 22nd, 2010

NEW YORK - In a case involving alleged infringement via Internet postings of copyrighted works, a panel in the Second Circuit U.S. Court of Appeals on June 15 found that New York’s long-arm statute was not clear on whether jurisdiction could be conferred over nonresidents in intellectual property contexts (Penguin Group [USA]Inc. v. American Buddha, […]

Kansas Court: Fact Issues As To Estoppel Over Agent’s Conduct Exist

Tuesday, June 22nd, 2010

TOPEKA, Kan. - The Kansas Supreme Court on June 11 ruled that an insurer is estopped from rescinding a policy when an insurance agent knowingly enters false information on a policy application or fails to ask the applicant the information on the application (Karen Chism v. Protective Life Insurance Co., et al., No. 99,291, Kan. […]

No-Evidence Summary Judgment Appealed By Putative Class Seeking Medical Monitoring

Tuesday, June 22nd, 2010

CINCINNATI - An appeal of a putative class action no-evidence summary judgment in the Sixth Circuit U.S. Court of Appeals should be denied because it would “set an unsound precedent,” according to a group of insurers, chemical companies and industry trade groups that joined an amicus brief filed May 14 in a case involving dioxin […]

Dechert Trades Help Desk for Keno Kozie

Monday, June 21st, 2010

Mike Shannon says that efficiency has been a priority since he started his tenure as Dechert’s CIO. That priority motivated the firm to use videoconferencing more than most firms and outsource its first-level help desk services to Chicago-based Keno Kozie, a legal technology services provider.
Original post by LexisNexis® Mealey’sâ„¢ Legal News

California Jury Awards $29 Million In Bed Sore Action

Monday, June 21st, 2010

SACRAMENTO, Calif. - A jury in the Sacramento County, Calif., Superior Court on May 13 awarded the daughter of a deceased nursing home resident more than $29 million in an elder abuse and wrongful death cause of action against nursing home Colonial Healthcare and its parent corporation, Horizon West Inc. The verdict included a $28 […]

3rd Circuit: Allocation Not In Bad Faith; Award Should Be Recalculated

Monday, June 21st, 2010

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on June 9 affirmed a district court’s ruling that the allocation of a $137 million settlement was not done in bad faith by an insurer seeking to maximize its reinsurance recovery, but the panel did find that a recalculation of prejudgment interest was […]

Conn. Smoker Wins $8 Million In 1st New England Tobacco Plaintiff’s Verdict

Monday, June 21st, 2010

HARTFORD, Conn. - A Connecticut jury capped a month-long trial on May 27 by awarding a cancer-afflicted smoker $8 million against the cigarette maker she blamed for her illness; the verdict for the plaintiff is reportedly the first in New England (Barbara A. Izzarelli v. R.J. Reynolds Tobacco Co., No. 3:99cv02338, D. Conn.; See April […]

Federal Judge Orders Forensic Imaging Of Computers Following Talk Of Spoliation

Monday, June 21st, 2010

NEW HAVEN, Conn. - A federal judge in Connecticut on June 1 granted a plaintiff company’s motion to compel forensic imaging of defendants’ computers in a Computer Fraud and Abuse Act lawsuit after one of the defendants testified during a hearing on the motion that he discarded a computer that may have contained some relevant […]

Big Tech Out-Muscled at the ITC

Friday, June 18th, 2010

The first public battle between Big Tech and non-participating entities over who can complain to the International Trade Commission is over — Big Tech lost. The ITC ruled that litigation costs can qualify a complainant, as long as those costs are sufficiently tied to licensing efforts.
Original post by LexisNexis® Mealey’sâ„¢ Legal News

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