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    Academic Journals

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• Select Trademark defenses in the European Union

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  Trademark defenses in the European Union

  Author:Richard AshmeadFrom:IP Litigator (Vol. 10, Issue 1)

  January-February 20046,650 words Article Introduction The nature of trademark rights and infringement is complex. We tend to think of rights, in terms of what the client can do, as permissive. Trademark registration as a right, however, is not generally...
• Select The Hague Convention on the Civil Aspects of International Child Abduction 1980: The New Zealand Courts' Approach to the "Grave Risk" Exception for Victims of Domestic Violence

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  The Hague Convention on the Civil Aspects of International Child Abduction 1980: The New Zealand Courts' Approach to the "Grave Risk" Exception for Victims of Domestic Violence

  Author:Allie MaxwellFrom:Victoria University of Wellington Law Review (Vol. 48, Issue 1) Peer-Reviewed

  May 201711,499 words Article 2100LThe Hague Convention 1980 was welcomed by the international community to resolve the emerging issue of international child abduction. The Convention is premised on the assumption that all child abduction is inherently...
• Select Combatting securities fraud allegations with 10b5-1 trading plans

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  Combatting securities fraud allegations with 10b5-1 trading plans

  Authors:Yafit Cohn and Karen Hsu KelleyFrom:Insights: The Corporate & Securities Law Advisor (Vol. 31, Issue 9)

  Sept. 20172,835 words Article 1820LA recent district court decision highlights the value of establishing a 10b5-1 trading plan in defending against securities fraud allegations. Nevertheless, there are factors to consider in determining whether such a...
• Select Indefiniteness as an invalidity defense

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  Indefiniteness as an invalidity defense

  Author:Janet M. SmithFrom:William and Mary Law Review (Vol. 58, Issue 4) Peer-Reviewed

  Mar. 201711,358 words Article 2490LINTRODUCTION Should a good patent be deemed invalid because it is not perfect? (1) Assume the good patent satisfies all the important elements of patentability: it claims novel, (2) nonobvious, (3) and...
• Select Legal issues arising in connection with the "time limit on certain defenses" provision

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  Legal issues arising in connection with the "time limit on certain defenses" provision

  Author:J. Ron Stegall, Jr.From:Tort Trial & Insurance Practice Law Journal (Vol. 51, Issue 1)

  Fall 201513,056 words Article 1800LINTRODUCTION This is an extended version of a paper originally published in 2011. (1) This version includes (1) an expanded listing of state law requiring proof of intent or knowledge in order to rescind (Attachment...
• Select HANDLING GAND DEFENDING TBI AND CRPS CASES

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  HANDLING GAND DEFENDING TBI AND CRPS CASES

  Authors:Meade W. Mitchell and Margaret Z. SmithFrom:Brief (Vol. 47, Issue 1)

  Fall 20174,124 words Essay 1480LEvery litigator who handles personal injury cases is aware that the value of these cases is largely determined by the type of injury alleged by a plaintiff. In many cases, this can be determined by relatively objective...
• Select CONTRACTUAL RELATIONSHIPS UNDER CERCLA: RESTORING CERCLA'S INNOCENT LANDOWNER DEFENSE, ONE CIRCUIT AT A TIME.

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  CONTRACTUAL RELATIONSHIPS UNDER CERCLA: RESTORING CERCLA'S INNOCENT LANDOWNER DEFENSE, ONE CIRCUIT AT A TIME.

  Author:Rachel JenningsFrom:Environmental Law (Vol. 49, Issue 4)

  Fall 201911,510 words Article 2390LFirst passed in 1980, the Comprehensive Environmental Response Compensation Act (CERCLA) has served as a robust tool for responding to environmental contamination and promoting remediation efforts. Because the singular...
• Select Counter the nursing home's defense themes

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  Counter the nursing home's defense themes

  Author:Jeff E. RuskFrom:Trial (Vol. 44, Issue 8)

  Aug. 2008369 words Brief article 1200LWhen representing clients in nursing home negligence cases, the defense may use a number of common themes. Here are a few suggestions to help you neutralize these themes while also introducing your own. The nursing...
• Select The Exergen and Therasense effects

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  The Exergen and Therasense effects

  Author:Robert D. SwansonFrom:Stanford Law Review (Vol. 66, Issue 3) Peer-Reviewed

  Mar. 201412,560 words Author abstract 1700LThis Comment empirically investigates the doctrine of inequitable conduct in patent law. Inequitable conduct is a defense to patent infringement that accuses the patent holder of committing fraud on the U.S. Patent and...
• Select Are talebearers really as bad as talemakers? Rethinking republisher liability in an information age

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  Are talebearers really as bad as talemakers? Rethinking republisher liability in an information age

  Author:Jennifer L. Del MedicoFrom:Fordham Urban Law Journal (Vol. 31, Issue 6)

  Nov. 200415,062 words Article INTRODUCTION It was a spectacle that "produced without question some of the most bizarre testimony," a district court judge commented in hindsight. (1) The 1982 Pulitzer divorce trial featured tales of sex, drugs,...
• Select Two, Three, or Four Prongs? The Contractual Defense of Unilateral Mistake in Florida.

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  Two, Three, or Four Prongs? The Contractual Defense of Unilateral Mistake in Florida.

  Authors:Paul Carrier and Matthew MarinFrom:Florida Bar Journal (Vol. 95, Issue 6)

  Nov-Dec 20214,639 words Article 1790LUntil recently, Florida litigators would have the choice between two and four elements for a unilateral mistake defense depending on the court where an action was filed. This is now clarified in the DePrince v. Starboard...
• Select Recall sprawl: telling numbers for product liability defense counsel

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  Recall sprawl: telling numbers for product liability defense counsel

  Author:Larry SmithFrom:Of Counsel (Vol. 33, Issue 8)

  Aug. 2014801 words Article 1370LHere's some important news for manufacturers as well as the litigators and regulatory counsel who represent them: You don't need to worry quite so much about the overall number of product recalls from year to year....
• Select Defending employment discrimination claims when the plaintiff has filed for bankruptcy

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  Defending employment discrimination claims when the plaintiff has filed for bankruptcy

  Author:Lisa E. ChangFrom:Employee Relations Law Journal (Vol. 30, Issue 4) Peer-Reviewed

  Spring 20054,672 words Article When defending against an employment discrimination claim, the financial condition of the plaintiff may not seem material; however, as a small but growing group of cases indicate, bankruptcy filings have ramifications...
• Select When plaintiffs can't speak for themselves: how can jurors evaluate the claim of a severely brain-injured plaintiff who can't testify in the conventional way? Make sure they observe the plaintiff in court and hear testimony from 'interpreters' who can tell his or her story

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  When plaintiffs can't speak for themselves: how can jurors evaluate the claim of a severely brain-injured plaintiff who can't testify in the conventional way? Make sure they observe the plaintiff in court and hear testimony from 'interpreters' who can tell his or her story

  Author:Linda Miller AtkinsonFrom:Trial (Vol. 41, Issue 1)

  Jan. 20052,251 words Article If you've ever represented a catastrophically injured client--for example, a brain-injured person who can no longer speak or even think the way he or she did before suffering a serious head injury--you've heard defense...
• Select A DANGEROUS BLAME SHIFTING GAME: Anticipate and counter consumer misuse and assumption of risk defenses to keep the focus where it belongs--on the defective product.

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  A DANGEROUS BLAME SHIFTING GAME: Anticipate and counter consumer misuse and assumption of risk defenses to keep the focus where it belongs--on the defective product.

  Authors:Anne McGinness Rearse and W. Taylor LacyFrom:Trial (Vol. 56, Issue 10)

  Oct. 20203,669 words Article 1740LProducts liability defendants often attempt to reduce or eliminate their liability for consumers' injuries by arguing that the consumer misused the product or assumed the risk of its use. For example, while making...
• Select Second Circuit applies defense of in pari delicto to Racketeer Influence Corrupt Organization Act claim

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  Second Circuit applies defense of in pari delicto to Racketeer Influence Corrupt Organization Act claim

  Author:Robert FasanoFrom:Suffolk Transnational Law Review (Vol. 38, Issue 2) Peer-Reviewed

  Summer 20156,346 words Case note 1690LCRIMINAL LAW--Second Circuit Applies Defense of in Pari Delicto to Racketeer Influence Corrupt Organization Act Claim--Republic of Iraq v. ABB AG, 768 F.3d 145 (2d Cir. 2014). The Racketeer Influenced and Corrupt...
• Select FORECLOSURE DEFENSE BEFORE AND AFTER THE PANDEMIC.

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  FORECLOSURE DEFENSE BEFORE AND AFTER THE PANDEMIC.

  Author:Michael Alex WasylikFrom:GP Solo (Vol. 37, Issue 3)

  May-June 20202,365 words Article 1510LThere's no such thing as "foreclosure defense." In 2006, you might understandably have believed that statement to be true. Even for the next couple of years, some lawyers believed that foreclosures were indefensible....
• Select Putting a lid on defense experts

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  Putting a lid on defense experts

  Author:Brandon BassFrom:Trial (Vol. 51, Issue 5)

  May 20152,259 words Article 1590LToo many defense experts can quickly drive up the cost of medical negligence cases. File a motion to limit experts early in the case to keep the expenses from spiraling out of control. Medical negligence cases can...
• Select Antitrust law - hospital mergers - Third Circuit clarifies geographic market definition and raises bar for efficiencies defense - FTC v. Penn State Hershey Medical Center

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  Antitrust law - hospital mergers - Third Circuit clarifies geographic market definition and raises bar for efficiencies defense - FTC v. Penn State Hershey Medical Center

  From:Harvard Law Review (Vol. 130, Issue 6)

  Apr. 20173,917 words Case note 2130LANTITRUST LAW--HOSPITAL MERGERS--THIRD CIRCUIT CLARIFIES GEOGRAPHIC MARKET DEFINITION AND RAISES BAR FOR EFFICIENCIES DEFENSE.--FTC V. PENN STATE HERSHEY MEDICAL CENTER, 838 F.3D 327 (3D CIR. 2016) Since the early...
• Select Don't text, talk, and walk: the emerging smartphone defense in personal injury litigation

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  Don't text, talk, and walk: the emerging smartphone defense in personal injury litigation

  Author:Robert D. LangFrom:Albany Law Review (Vol. 77, Issue 2)

  Winter 20136,892 words Article 2340LLike it or not, many of us are both happily and hopelessly addicted to texting, tweeting, emailing, and speaking on handheld devices. On the professional side, this permits lawyers, waiting in court to quietly but...