The National Law Forum

The Blog of the The National Law Review

Category Archives: Litigation

New Federal Rules of Civil Procedure: 3 Must Read Changes

Close-up Of Male Lawyer With Arm Crossed Standing In Front Of Book Shelf

Although the Supreme Court will say they’re simply more “proportional,” it seems they were trying to find a new phrase that would lead to less abuse of the relevancy standard.  This, however, is only one of the significant changes recently doled out in the December 1, 2015 amendments to the Federal Rules of Civil Procedure …

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Ariosa v. Sequenom: In Search of Yes After a Decade of No

dna (1)

The Federal Circuit this Wednesday declined to reconsider its June decision in Ariosa v. Sequenom, a closely watched medical diagnostics case involving patents on cell-free fetal DNA testing. Biotech companies, investors, and patent lawyers alike should expect a prompt petition for certiorari, and should hope that the Supreme Court grants it.  (Disclosure: I was one of …

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Vermont GMO Battle Continues in Second Circuit

The fruit shelf in Leon supermarket.

The Second Circuit Court of Appeals is currently in the midst of an interlocutory appeal by the Grocery Manufacturer’s Association (“GMA”) and others of the District Court of Vermont’s denial of a request for a preliminary injunction against Vermont’s “Right to Know” Act. The Act, passed by the Vermont legislature on May 8, 2014, and …

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Obergefell Uncertainty re: Same Sex Spousal Benefits

Wedding and engagement rings

On June 26, 2015, the U.S. Supreme Court removed a cloud of uncertainty for same-sex couples when it ruled, in the landmark decision of Obergefell v. Hodges, that the equal protection and due process clauses of the Fourteenth Amendment require all states to issue marriage licenses to same-sex couples seeking to marry and to recognize …

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Controlled Burn: Attorney Perspective on Lone Pine Orders

gavel judge

A Lone Pine order is basically a controlled burn, or it accomplishes the same objective at least.  In theory, it is a “fire” used to prevent the growth or blaze of meritless litigation.  Don’t want a nasty, complex lawsuit to grow or blaze out of control?  Hit it with a Lone Pine order early on …

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