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Tort Reform in the Courts: A Defense Attorney Challenges Outdated Legal Precedents
For more than 240 years, writes Victor E. Schwartz, wise plaintiffs counsel have mined the gold of legal change for the benefit of their clients. By way of contrast, when defense counsel are retained, they focus on what is immediate. In this commentary, Schwartz examines the divergent ways in which plaintiffs lawyers and defense lawyers have viewed, and responded to, the common law of torts.Brief of Respondent in 'DVD Copy Control Association, Inc. v. Bunner'
Employment Law Forecast: Stormy Weather
The biggest civil rights class action in history, Dukes v. Wal-Mart Stores, Inc., may be a sign of things to come, according to lawyers who note that employment class actions are on the upswing. The spike in class actions alone would make 2005 challenging. But there's more: new federal regulations on overtime pay policies, tax code changes and a Supreme Court case that could make it easier for plaintiffs to bring age discrimination cases. It's going to be an unsettled year.Following Google's $5 million patent trial loss last month to Bedrock Computer Technology, it took a jury in the same Tyler, Texas courtroom just 40 minutes to reach a verdict of non-infringement on Tuesday in Bedrock's case against Yahoo over the same patent.
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