R.J. Reynolds Tobacco Company Granted Summary Judgment in Patent Infringement Suit.
WINSTON-SALEM, N.C., Jan. 19 /PRNewswire-FirstCall/ -- R.J. Reynolds Tobacco Company is pleased with today's decision by a U.S. District Court Judge granting its summary judgment motion on invalidity in a patent infringement lawsuit brought against it by Star Scientific, Inc. (Star). The ruling renders Star's patents in question invalid...

PA: summary judgment for Dr. in malpractice: Dr. sued plaintiff for 'wrongful civil action'.
CASE FACTS: On November 12, 2002, Dr. Frank D'Elia filed a complaint sounding in wrongful use of civil proceedings against Roseanne McLaughlin. After Dr. D'Elia was found not liable as a matter of law and summary judgment was granted in his favor he pursued not only Ms. McLaughlin but...

AZ: failure to tell pt. of risk of knee surgery: court upholds summary judgment for surgeon.
CASE FACTS: In October 1998, Dr. John Meaney performed arthroscopic surgery on Dale Gorney's left knee. In April 2005, Gorney sued Dr. Meaney for medical malpractice, alleging that Dr. Meaney had "failed to inform [him] of the material risks of the surgery," and that the surgery had caused his...

MI: deficiency in Notice of Intent (NOI) to sue: trial court erred in denying summary judgment.
CASE FACTS: Drs. Scott Cheney and Stephen Messana reviewed and reported on x-rays and a CT scan performed on Eric Korpal on January 5 and January 7, 2003. The patient sent the physicians a Notice of Intent (NOI) to sue. The NOI failed to refer to the readings of...

Lawyers tussle before judge over fate of Oregon wrestling.
Byline: Greg Bolt The Register-Guard A judge in Salem heard arguments Monday on motions seeking a final judgment in a lawsuit prompted by the University of Oregon's elimination of men's wrestling. Marion County Circuit Judge Lynn Ashcroft heard from lawyers on both sides asking that...

The "buyer's option" contract in Illinois: recent Illinois and Seventh Circuit opinions have recognized a buyer's-option contract that obligates sellers to sell without also requiring buyers to buy. Sellers should review these rulings and take care not to create a buyer's option when they intend to create a binding purchase obligation.
[ILLUSTRATION OMITTED] Manufacturers and other vendors often enter into supply agreements with buyers in which the seller agrees to sell products with given specifications to the buyer at a given price, often for a specified period. These agreements also sometimes include a statement of the buyer's estimated...

Dr. failed to follow-up 'knowing feeding tube in lung'.
CASE ON POINT: Lee v. Martindale, 2008-AR-0626.021 (06/25/2008) S.W.3d--AR CASE FACTS: In January 2000, Indianna Barnes was admitted to Saline Memorial Hospital with respiratory problems. Doctors placed her on a nasogastric feeding tube so that she could receive nutrition. Dr. Mark Martindale, her attending physician, saw her...

Higher batting averages or safety?
Deaths and serious injuries related to the use of non-wood bats have been an issue in recent years. On April 2, 1999, Andrew Sanchez, a pitcher for California State University, Northridge, was struck by a line drive off an aluminum bat and suffered serious head injuries (Sanchez v. Hillerich...

No duty owed by club in foul ball promotion.
Haymon v. Pettit New York Court of Appeals 9 NY3d 324 November 20, 2007 Recently, the New York Court of Appeals reexamined the issue of a baseball club's duty to its fans. The court held that a baseball club was not...

Agency hopeful about conversion.
Byline: Matthew Bruun FITCHBURG - The Fitchburg Housing Authority is moving ahead with efforts to convert a downtown 10-story apartment building into an assisted living complex even as litigation surrounding the project moves through court. Housing authority board members met last night to discuss the...