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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1229 CA 06-03565 PRESENT: GORSKI, J.P., SMITH, CENT
Smith v. American Home Products Corp. et al
The HIPAA does not pre-empt the informal discovery techniques approved in Stempler, and ex parte interviews of plaintiffs' treating physicians may proceed as permitted under that case subject to the court's discretion regarding the appropriateness of such interviews in particular cases; since the current medical disclosure authorizations fall below HIPAA requirements, the matter is referred to the Civil Practice Committee for its consideration of drafting HIPAA-compliant sample forms.Ethics Crusaders Crush 'SuperLawyers'
A New Jersey Supreme Court ethics panel knocked "SuperLawyers" and "Best Lawyers in America" out of the business of ranking New Jersey lawyers last week by prohibiting attorneys from advertising their inclusion and taking part in the selection process. Word of the Committee on Attorney Advertising's opinion spread quickly among legal marketers around the country and touched off a frenzied review of ad campaigns, Web sites and letterheads at New Jersey firms whose attorneys are on the lists.Marioni v. 94 Broadway, Inc. et al
Where plaintiff demonstrated that the seller had wrongfully attempted to terminate the contract, and that it remained valid and enforceable when the seller wrongfully contracted with and conveyed the property to another, plaintiff was not precluded from obtaining to specific performance since the subsequent purchaser had actual and constructive notice of plaintiff's contract and, thus, could not legitimately claim the status of bona fide purchaser.Should Courts 'Let Google Be Google'?
Google's Book Library Project proposes to scan into its database the entire collections of five libraries. Although groups of publishers and authors have separately sued Google claiming that its project is copyright infringement, Google asserts it's "fair use." Peter J. Pizzi says that, as with the Grokster decision, this case will involve legal principles of intellectual property law, but the outcome will likely be strongly influenced by judicial perceptions of public policy.No State Appeal of Decision That Curbs Utility Regulators' Clout Over Builders
The state has decided against challenging a pro-developer ruling that says the Board of Public Utilities can't deny utility-hookup benefits to builders in areas designated for open space, the Attorney General's Office says.Aventis Pharmaceuticals Inc. et al v. Barr Laboratories Inc. et al
The prosecution history of defendants' patents shows narrowing amendments made for reasons of patentability and, therefore, plaintiffs are barred from using the doctrine of equivalents in these infringement actions; also, by disclosing but not claiming certain inert ingredients, the patents have dedicated these ingredients to the public, and plaintiffs cannot now reclaim these through the doctrine of equivalents.State AI Legislation Is on the Move in 2024
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