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8 Jun 2020, 10:13 am
Perjured testimony would certainly encourage courts to permit juries to consider whether the witness payments were for the substance of testimony, rather than for disinterested professional services. [read post]
7 Jun 2020, 1:17 am
Lustgarten had misrepresented the applicable standard of care and accused one of the malpractice defendants of having intentionally falsified medical records without a good faith basis.[2] A reviewing trial court reversed the finding of misrepresentation of the standard of care, but agreed that Lustgarden had wrongly asserted the defendant’s fabrication of records, and modified the revocation to a one year suspension.[3] On appeal to the North Carolina Court of Appeals, the court held… [read post]
5 Jun 2020, 4:12 am
It would be like confusing the White Sox with the Red Sox.Text Copyright John L. [read post]
2 Jun 2020, 1:41 pm
One Int’l, Inc., No. 11-CV-05149-YGR, 2012 WL 4068632, at *3 (N.D. [read post]
2 Jun 2020, 10:35 am
The physicians conducted radiologic and pulmonary function examinations, and submitted requests to Medicare for reimbursement of inflated costs for these services [read post]
1 Jun 2020, 2:29 am
Text Copyright John L. [read post]
28 May 2020, 5:29 am
The specific detail of the challenge may have shown that the witness had relied upon a study that was thoroughly flawed,[2] or that the witness relied upon an epidemiologic study of a type that cannot support a causal inference.[3] Rule 702 and the Supreme Court’s decision in Joiner make clear that the trial court must evaluate the expert witness’s application of methodology and whether it actually supports valid inferences leading to the witness’s claims and… [read post]
27 May 2020, 4:00 am
(Check for commentary on CanLII Connects) 3. [read post]
22 May 2020, 6:45 am
Public.Resource.Org, Inc. | [GuestPost] The Nadorcott Case - Shifting the plant variety paradigm from a proprietary to a liability rule | In memoriam: Dr. [read post]
21 May 2020, 9:59 am
By Gerald L. [read post]
21 May 2020, 7:57 am
Inc., 41 USPQ2d 1030, 1034 n.3 (TTAB 1996). [read post]
17 May 2020, 2:35 pm
Bard, Inc., 922 F.2d 792, 800 (Fed. [read post]
14 May 2020, 7:32 am
Pavloff and FBZ have not produced a retainer agreement and have acknowledged that they never made a retainer agreement for their services to Am Trust in the Underlying Action. [read post]
13 May 2020, 2:03 am
J & L Fiber Services, Inc., No. 1:07-CV-1191, 2015 WL 1472015, at *20 (N.D.N.Y. [read post]
11 May 2020, 10:57 am
”(10) • “Sufficient evidence includes, at a minimum, evidence of (1) particular services performed, (2) who performed those services, (3) approximately when the services were performed, (4) the reasonable amount of time required to perform the services, and (5) the reasonable hourly rate for each person performing such services. [read post]
8 May 2020, 3:21 pm
Chalk & Vermilion Fine Arts, Inc., 514 F.3d 1063, 1071 (10th Cir. 2008)). [read post]
8 May 2020, 11:00 am
Beckett Gas, Inc., 200 F.R.D. 392, 396 n.3 (M.D. [read post]
30 Apr 2020, 4:09 pm
Explorica, Inc., 274 F.3d 577 (1st Cir. 2001); United States v. [read post]
30 Apr 2020, 2:15 pm
Explorica, Inc., 274 F.3d 577 (1st Cir. 2001); United States v. [read post]
28 Apr 2020, 4:08 pm
Fossil Group Inc. [read post]