Posts tagged with: "litigation"
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14 Jan 2013, 8:38 am
For many automobile accident cases, the “anchor” of the damages is the plaintiff’s medical bills. That is, settlement is frequently based in large part upon the amount of the injured party’s medical bills. One of the first questions our attorneys field from our clients is often “how will my settlement or verdict be paid or [...] [read post]
23 Aug 2012, 11:08 am
C5’s Forum on Global Financial Institutions Litigation is held at a time of a sharp increase in the number of claims against financial institutions, tighter regulation and more regulatory investigations against financial institutions (see the recent post on Germany’s growth rates). My firm will be a co-sponsor of the conference held on Wednesday, November 28 and Thursday, November 29, 2012 at the Crowne Plaza Hotel, London, and together with some of my colleagues, I will be… [read post]
15 Jan 2013, 2:28 pm
Business clients often come to the firm seeking to enforce non-compete provisions or non-solicitation provisions located in employment contracts or employee handbooks. However, many of our small business clients are unaware of the implications associated with an ex-employee bringing proprietary trade secrets to a competitor after leaving the company. Businesses who have hired an employee [...] [read post]
23 Aug 2011, 6:49 am
In Ka v. City of Indianapolis, the Indiana Court of Appeals held that the City of Indianapolis was not liable to the owners of a residence who sustained property damage and personal injury after sewage from a City pipe backed up into their home. In affirming the trial court's judgment in favor of the City, the court of appeals stated that a municipality is not strictly liable for injuries resulting from defects in the city's infrastructure, and is only liable when the city has actual or constructive… [read post]
1 Nov 2011, 12:54 pm
In Flores, plaintiff sought to exclude a photograph of plaintiff's car that showed little or no damage to the vehicle. The Indiana Court of Appeals agreed with the trial court's finding that the damage, or lack thereof, to plaintiff's "vehicle had some tendency to prove or disprove facts relating to his personal injury claims," recognizing "the common sense relationship between property damage and personal injury." (There was no expert testimony presented to suggest that no such tendency existed in… [read post]
1 Aug 2012, 4:58 pm
"Tree law" fascinates us. I guess part of the reason is because many of us have at lease one tree on our property, and during severe storms, we fear what would happen if one of those trees fell on our house, our neighbor's house, or the street. Once the fear subsides, the next question we ask ourselves is "Who would pay if the tree fell on our neighbor's property or vice versa and caused damage?" Furthermore, in our day-to-day life, our neighbor's tree may overhang our property or its roots may… [read post]
16 Mar 2012, 9:28 am
Under the Communications Act of 1934 (47 U.S.C. § 605), it is illegal to publicize or use communications, such as pay-per-view cable television broadcasts, without authority to do so. A similar statute, The Cable & Television Consumer Protection and Competition Act of 1992 (47 U.S.C. § 553) provides that “[n]o person shall intercept or receive [...] [read post]
28 Sep 2009, 5:41 am
In a recent not for publication memorandum decision* by the Indiana Court of Appeals, the court reversed the granting of a motion for summary judgment in favor of the Indiana Department of Transportation ("INDOT"), finding that INDOT owed a duty of care to a father and son who were subcontracted to complete some paving work for INDOT. Lorraine Bunn, as Personal Representative of the Estate of Robert P. Bunn, Deceased, and Robert L. Bunn vs. Indiana Department of Transportation, No. 50A03-0810-CV-504… [read post]
2 Nov 2010, 2:30 pm
It is my great pleasure to welcome Matt Nelson to the E-Discovery 2.0 writing team. Matt is our third licensed attorney and, like Dean Gonsowski and Brandon D’Agostino, will be writing on the legal aspects of electronic discovery. In doing so, he will draw upon his prior experience as a litigation attorney at Ropers, Majeski, Kohn & Bentley, and as a legal technology consultant at Kroll and Summation. He’s a really bright guy with a wry sense of humor, and I’m looking forward to hearing his… [read post]
1 Mar 2010, 3:48 am
It’s time for Manpower’s one-of-a-kind Quarterly Employment Litigation Index.
Each quarter, we reach out to our loyal Blawg visitors to see what they’re experiencing in the world of employment litigation. We asked the 1,987 attendees at our webinar last week the following question:
Are you seeing an increase in employment law claims?
Here are the official results:
Yes, substantial increase: 6.1%
Yes, modest increase: 24.7%
No change: 66.5%
No, modest decrease: 1.5%
No, substantial… [read post]
9 May 2011, 10:16 am
PLI's Patent Litigation enhances your ability to prevail at trial while helping you cut the costs and complexity of litigation. Many of America's leading patent litigators guide you through all the litigation stages, helping you to understand various infringement actions and their respective burdens of proof; conduct comprehensive pre-suit investigations that streamline your cases; develop potent case themes; assemble strong litigation teams; get an early edge over opponents during discovery; reduce… [read post]
24 Nov 2009, 2:07 pm
With police, schools and employers all utilizing Facebook as a resource to discover information about people, it is no surprise insurance adjusters are following suit. MSNBC.com posted an article by the Associated Press reporting that a woman lost her long-term sick leave benefits being paid an insurance company after one of the company's representatives discovered pictures of her in good health at a night club. Insurance company adjusters and representatives handling disability claims, worker's… [read post]
23 Aug 2011, 6:33 am
Deciding an issue of first impression in Indiana, the Indiana Court of Appeals, in Flores v. Gutierrez, held that a photograph of a damaged vehicle could be used as evidence in determining the extent of bodily injury sustained by a driver in an accident, even without the support of expert testimony. The motor vehicle collision giving rise the personal injury lawsuit occurred in Hammond, Indiana, and the jury trial took place in Lake County, Indiana. In Flores, a jury found Juan Rocha Gutierrez… [read post]
3 May 2010, 7:27 am
As explained by Ed McNally (one of the most renowned corporate litigators in the known universe), the Delaware Superior Court has created a commercial litigation division. This is exciting for many reasons, not the least of which is the new division has rules regarding eDiscovery. Morris James had the honor of providing input on the formation of those rules, and we are very pleased with the final results. A brief summary of the rules:
The new rules require parties to meet and confer to… [read post]
8 Dec 2009, 5:06 am
The New York Times recently wrote an article about an Oklahoma woman who has filed a lawsuit against a major cellphone company. The woman's mother was killed in a motor vehicle accident last year when a pickup truck crashed into the mother's car. At the time of the collision, the driver of the pickup truck was using his cellphone and later explained to the police he had become distracted by talking on the cellphone, which caused him to run a red light causing the collision. Based on the article, it… [read post]
9 Aug 2010, 7:11 am
It’s time for Manpower’s one-of-a-kind Quarterly Employment Litigation Index.
Each quarter, we conduct a survey to see what’s really going on in the world of employment litigation. We asked the 2,167 attendees at our most recent webinar the following question:
Are you seeing an increase in employment law claims?
Here are the official results (with last quarter’s numbers in parentheses):
Yes, substantial increase: 6% (6%)
Yes, modest increase: 29% (31%)
No change: 61% (60%)
No, modest… [read post]
20 Nov 2011, 6:00 am
When copying has occurred, much of the code may have changed by the time it’s examined due to the normal development process or to disguise the copying. For example identifiers may have been renamed, code reordered, instructions replaced with similar instructions, and so forth. However, perhaps one comment remains the same and it’s an unusual comment. Or a small sequence of critical instructions is identical. Correlation is designed to produce a relatively high value based on that comment or… [read post]
27 Mar 2011, 5:05 am
Many clients are unaware that the commercial general liability insurance (CGL) policy they hold is not fully protecting their most valuable assets, the ability to sell their products. And, most IP attorneys do not know that IP insurance is available to help fund their client’s IP litigation risks. If a client's IP becomes involved in litigation, specialized IP Insurance products will help ensure that there are funds available to pay the associated legal expenses. Without specific IP Insurance in… [read post]
15 Mar 2013, 11:05 am
Top tier international firm seeks associates with 4-7 years of IP Litigation experience in Los Angeles & global firm, has an opening for a junior/midlevel IP Litigation associate in San Francisco.
Related posts:Job Opening – Mid-Level Patent Litigator – Los AngelesA top tier international firm is seeking an experienced and seasoned patent litigator for its Los Angeles office. The ideal candidate will have 2-6 years of Patent Litigation experience in ITC and District Court patent… [read post]
14 Apr 2011, 7:49 am
A warning that calls attention to a product's potential danger is obviously an important part of a company's litigation prevention and defense. But according to one recent statistic, a substantial portion of the public, and potential jury pool, may be a bit cynical on the question of whether warnings are designed to educate or just provide cover. In a 2010 Decision Analysis Survey on attitudes toward products liability litigation, fully 70% shared the belief that product warnings exist to protect… [read post]