Tag Archives: Delaware Lawyer

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

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 thing it is not: healthy. That didn't stop Ferrero, the makers of Nutella, from starting up a healthy-for-kids advertising campaign last year in Europe, as profiled by the nutrition researchers at Obesity Panacea: Although this may surprise some of our readers, I really like junk food. I eat far too much pizza, I love chicken wings, and Nutella, the original chocolate hazelnut spread, is one of ... Continue Reading

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Another Falsified Logbook, Another Preventable Truck Accident Death

Like with the patient safety violations at Gosnell's clinic, I hate seeing articles describing tragedies that mirror my cases, tragedies would have been avoided if we simply had better laws or law enforcement. Like the article in today's Inquirer: A truck driver who plowed his 77,000-pound rig into an Infiniti on the Schuylkill Expressway in 2009, killing a Fort Washington man, was charged by federal prosecutors yesterday with lying about breaks he was supposed to take on the road. Authorities said that Valerijs Nikolaevich Belovs, 57, of Northeast Philadelphia, falsified his driver daily logbooks between Dec. 20, 2008, and Jan. ... Continue Reading

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Guard Your Time Like It’s Your Money, Because It Is.

What's the most important tool on a lawyer's desk? There are a variety of alternative fee arrangements — like the contingency fee model our firm uses and the flat-fee model that is wrongly under attack — but there are really only two types of business models for law firms: those which profit from efficiency and those which profit from inefficiency. The latter model is used by the "BigLaw" firms with hundreds of lawyers working together to maximize the fees billed to the client. They call it "leverage," a clever name for using four attorneys — two of them too junior, ... Continue Reading

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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 Zuckerberg and Facebook have inspired some of my more popular posts. But there is one litigious part of the Facebook story that I did not cover, and that was the lawsuit brought by the Winklevoss twins against Zuckerberg alleging that he stole the idea for Facebook from them. Here's why I avoided that part: without knowing the intricacies of the case (a case they're trying to reopen), there's not a lot for me ... Continue Reading

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New Medical Malpractice “Tort Reform” Just Another Pack of Lies

Insurance-Funded Congressional Representatives Again Try To Deny Justice For Patients Injured By Medical Malpractice Some bad ideas just will not go away. A few days ago The Pop Tort noted that the new, anti-patient Congress was holding hearings on medical malpractice liability. If they had listened to the excellent testimony of Joanne Doroshow, Executive Director of the Center for Justice & Democracy, they would have realized that injured patients need more, not less, legal protection. But the “hearings” were a sham anyway, and a few days later the insurance-backed members of Congress introduced a new plan to strip away the ... Continue Reading

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The Economic Damage Caused By Medical Malpractice Dwarfs The Cost Of Lawsuits

I've posted many times before about the economic realities of medical malpractice liability. Via The Pop Tort, a new study commissioned by the the Society of Actuaries has revealed the economic cost of medical malpractice in America: SCHAUMBURG, Ill., (Aug. 9, 2010)–Findings from a new study released today estimate that measurable medical errors cost the U.S. economy $19.5 billion in 2008. Commissioned by the Society of Actuaries (SOA) and completed by consultants with Milliman, Inc., the report used claims data to provide an actuarially sound measurement of costs for avoidable medical injuries. Of the approximately $80 billion in costs associated ... Continue Reading

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Sen. Specter: Supreme Court Needs More Transparency

In The National Law Journal: Sen. Arlen Specter, D-Pa., took to the floor of the Senate on Monday to talk about the vacancy on the Supreme Court, and while he was at it, one of his favorite Supreme Court topics: camera access. "I believe Congress has the authority, should it choose to do so, to direct the Supreme Court to permit its proceedings to be televised," Specter said. ... "If the public had access to what was going on in the Supreme Court," Specter said, "it seems to me there would be a clamor to have more openness, more transparency, ... Continue Reading

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Why Cravath Will Prevail In The Airgas / Air Products Conflict of Interest Lawsuit

[UPDATE: The WSJ Law Blog has copies of the letters submitted to the Delaware Chancery Court. Professor Hazard is undoubtedly one of the pre-eminent experts in the field, and he makes a compelling argument that Cravath violated the Rules of Professional Conduct. Yet, showing a violation of the Rules is not enough — to disqualify counsel under Chancellor Chandler's standard, Airgas will have to show the violation will "materially advance" Air Product's position or undermine the fair and efficient administration of justice. So far, I haven't seen anything demonstrating that. The vague references made so far to Cravath's insider knowledge of ... Continue Reading

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The Independent Invention Defense In Patent Infringement Lawsuits

Fred Wilson links to his partner Brad Burnham's post, "We need an independent invention defense to minimize the damage of aggressive patent trolls:" I know of no case where the engineers in one of our companies were aware of the patents that are now being used to attack them. The moral rightness of this screams at me. If, as an engineer focused on solving a problem, I happened to come up with an idea that is in some way similar to yours, then that in itself should suggest that it was obvious and not patentable. Unfortunately, that does not really help. ... Continue Reading

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Always Draft Angry Briefs. Never File Them.

Last spring, in How To Write Your Brief So That The Judge Will Hate You, I profiled a sarcastic and dismissive brief — filed by attorneys for West Publishing no less, in a case against a law professor — and concluded: An opening brief filled with sarcasm will perturb a judge doing his or her best to reserve judgment until they've heard both sides just as much as an opening statement filled with indignity will repulse a jury doing their best to be fair and impartial until they've heard all of the evidence. As Bruce Merenstein posted on The Legal ... Continue Reading

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