Tag Archives: despite

Georgia Hospital Not Liable for Patient’s Death Despite Nurse’s Failure to Follow Orders

Medical malpractice requires proof that a doctor, nurse, or other healthcare provider deviated from the accepted “standard of care,” and that as a direct result of that deviation, the patient suffered some injury. Unfortunately for victims, proving causation is often … Continue reading

Posted in Medical malpractice law | Tagged , , , , , , , , , | Leave a comment

Dutch Court OKs Petrobras Claim Jurisdiction Despite Brazilian Arbitration Clause

In a development with significant implications both for Petrobras investor claims and for the global pursuit of investor claims generally, a Dutch court has accepted jurisdiction for a securities fraud action filed in the Netherlands against Petrobras, and also ruled … Continue reading

Posted in Corporate Law | Tagged , , , , , , , , | Leave a comment

failure to detail harm dooms medical food complaint despite plausible falsity

Alfasigma USA, Inc. v. Nivagen Pharmaceuticals, Inc., 2018 WL 4409350, No. 2:17-cv-01974-MCE-GGH (E.D. Cal. Sept. 17, 2018)Somewhat surprisingly, failure to tell a detailed harm story torpedoes this complaint; given the specific allegations of falsity, I wonder if it will be … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , | Leave a comment

Using part of an "anticipated order" from a competitor's supplier constitutes reverse passing off, despite Dastar

OTR Wheel Eng'g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018)OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with sample … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , , | Leave a comment

UES Tenement Development To Keep Landmark Status Despite Owner’s Lawsuit

Building owners claimed landmark status caused financial hardship. Stahl York Avenue Co., LLC, tenement development owner of 429 East 64th Street and 430 East 65th Street in the Upper East Side, sued the City and the Landmark Preservation Commission in … Continue reading

Posted in Real Estate & Property Law | Tagged , , , , , , , | Leave a comment