Tag Archives: Discovery

Discovery Rule Applied in Tennessee Health Care Liability Act Case

In a misdiagnosis Tennessee health care liability (medical malpractice) case, defendants seeking dismissal based on the statute of limitations were required to “establish that decedent was aware of the alleged misdiagnosis,” not just show that the misdiagnosis was made, in … Continue reading

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Defendants' Improper Jury Arguments and Discovery Misconduct Justify Award of Attorney Fees

Following a jury verdict of $21 million, the court granted plaintiffs' motion for attorney fees under 35 U.S.C. § 285 because defendant's litigation conduct was exceptional. "⁠[T]here cannot be serious doubt that [defendant's] litigation strategies unnecessarily complicated the proceedings and … Continue reading

Posted in Intellectual Property | Tagged , , , , , , , , , | Leave a comment

Preparing for a TTAB Discovery Conference

Many trademark attorneys believe that the goal of a TTAB discovery conference is to zealously prepare for litigation.  A better approach is to view it through the lens of a favorable settlement outcome.  Since over 90% of trademark oppositions settle prior … Continue reading

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The Court of Appeal in Buchanan v. U.S., decided on August 3, 2017, remanded a Possession with Intent to Distribute (PWID) Marijuana case due to the government’s lack of compliance with the specific scientific discovery requests by defense as deemed to … Continue reading

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

Speaking on Discovery of Cartel Behavior in Due Diligence and Beyond

La Diligence (comics) (Photo credit: Wikipedia) I’m looking forward to speaking on March 12 at Orrick’s Japan Library Seminar Series.  I will be giving a presentation entitled “Managing the Discovery of Evidence of Cartel Behavior in Due Diligence and Beyond.” … Continue reading

Posted in Antitrust - Competition law | Tagged , , , , , | Leave a comment