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“They Stole My Idea” Doesn’t Always Amount To An Intellectual Property Lawsuit

The Limited Scope Of Inventors’ and Creators’ Rights Under Copyright, Trademark, and Patent Infringement Law The business lawsuits actually filed, and defamation lawsuit not filed, surrounding Mark...

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Inevitable Consumer Class Action Lawsuit Filed Against Nutella’s “Healthy”...

One of the great things about being a lawyer is that, like a sports fan watching a play unfold, you can foresee lawsuits before they’re even filed. Nutella is delicious, creamy, and chocolaty, but one...

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Pennsylvania Injury Lawyers: Don’t Let Insurance Companies Send Settlement...

[UPDATE: Complicating matters, on June 29th, 2011, a Third Circuit panel ruled in the Tristani v. Richman case (PDF) that Medicare / Medicaid has the right to assert liens, and that the default medical...

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E.D.Pa. Denies Class Certification for Nationwide Breach of the Implied...

  I first blogged about the Lycoming Engines class action case back in April 2009, when the Third Circuit reversed Judge Savage’s order granting certification on plaintiffs’ unjust enrichment and...

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DiDonato vs. Ung, or Vice Versa? Civil Lawsuits After A Criminal Acquittal

[Update, February 26, 2014: Discovery in the DiDonato v. Ung case has been completed, and the matter set for trial in April. There was an interesting and long diversion into insurance coverage law:...

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Will AmLaw 100 Firms Finally Accept Their Limited Role In The Legal Services...

Huge corporate law firms with hundreds of lawyers do two things well: represent corporate clients in billion-dollar matters (like mass torts defense and mergers and acquisitions) and provide...

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Third Party Litigation Funding CLE Hosted By The Pennsylvania Bar Institute

 You know what’s cool? Apparently a billion dollars isn’t cool, according to Sean Parker, no matter what Justin Timberlake in The Social Network might have to say about it. But what is cool is...

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When $35,000 An Hour In Attorneys’ Fees Is Justified In Shareholder Lawsuits

[Update: The Delaware Supreme Court affirmed the award.] Back in October, I never got around to writing about the whopping $1.2 billion dollar award in the shareholder derivative action In re Southern...

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The Patent Troll Lawyer Business Model

It’s no secret that patent infringement is one of the hottest areas in which to practice law these days.  The inventor-friendly principles that governed the original United States Patent Office back...

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New Hampshire’s Insidious Early Offer Medical Malpractice Law

Over the Governor’s veto, the New Hampshire legislature passed an “early offers” law for medical malpractice claims. Tort reformer Walter Olson rounds up some commentary, most notably Torts Professor...

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The Lawyer As Ambulance Chaser

Few insults draw the ire of personal injury lawyers like “ambulance chaser.” Unlike “trial lawyer,” which business interests have been trying to turn into a slur for years — despite the fact that the...

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Tort Reform “Policy”: Injury Plaintiffs Should Always Lose

Over on Twitter, where all the major debates of our time are reduced to the length of text messages, I got into a discussion with Ted Frank. For those of you who don’t know Ted Frank, he’s a prominent...

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The Black Swan Solo Practice Business Model That Will Bankrupt You

There is no shortage of information on the Internet about how to start a solo or very small law practice, perhaps because there are too many recent law graduates unable to find firm jobs and so become...

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The Product Liability Expert Who Wasn’t There

Product liability claims are doubly challenging for plaintiffs’ lawyers. First, product liability law is in a state of flux (with the trend going against injured consumers). Second, product liability...

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How Much Is Too Much To Pay For A Workers’ Compensation Attorney?

Earlier this week, The Legal Intelligencer published an article on attorney’s fees* in workers’ compensation** cases that’s currently pending before the Pennsylvania Supreme Court. (* For anyone...

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On The Legality of Referral Fees: The NJ Civil Rights Attorney’s Fee Fight

“Referral fee” can mean a lot of different things in the law. The plainly unethical version involves lawyers paying non-lawyers (like doctors or tow truck drivers or union bosses) to send them...

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How Judges Can Settle Mass Torts Cases (A Lesson From The 9/11 Responders...

Last week, I wrote about a commonplace problem in product liability lawsuits: when courts forbid plaintiffs’ lawyers from sharing relevant discovery evidence amongst themselves, they inadvertently...

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Five Case Selection Tips For New Plaintiff’s Lawyers

[Update, March 21, 2013: Eric Turkewitz chimes in with his 10 Signs The New Matter is a Dog (Before you even consider the merits). I am more tolerant of #1, #3, and #4, depending on circumstances, but...

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$44 Million Contingency Fee In Estate Litigation Thrown Out As “Unconscionable”

The incomparable ability of estate litigation to drag on is literally a joke, a joke so old and so well-known that more than 150 years ago Charles Dickens opened the novel Bleak House with reference to...

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Ted Frank And The Real Risk Of Class Actions

Tort reformer Ted Frank and I have had our disagreements over the years. (See here and here.) In recent years, he has focused his work on filing objections to class action settlements through the...

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