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Case of the Day: Tansey v. Cochlear Ltd.
The case of the day is Tansey v. Cochlear Ltd. (E.D.N.Y. 2014). The plaintiff, Jeanini Tansey, had a cochlear implant manufactured by Cochlear Ltd., a New South Wales company, to treat her deafness. She alleged that Cochlear had failed to comply with FDA requirements and that the device cracked and stopped working. The device had……
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Case of the Day: In re Berlamont
The case of the day is In re Application of Berlamont (S.D.N.Y. 2014). Franck Berlamont applied for leave to serve a subpoena under § 1782 in order to obtain a transcript of testimony Rajiv Jaitly gave in a deposition in an earlier New York case, Rembaum v. Banco Santander. The deposition had, apparently, taken place……
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Case of the Day: Blagman v. Apple
The case of the day is Blagman v. Apple, Inc. (S.D.N.Y. 2014). Norman Blagman sued Apple, Google, Microsoft, Emusic.com, and others on behalf of a purported class, alleging that the defendants had made musical works available for sale online without obtaining licenses from the owners of the copyrights. The theory was that foreign record labels……
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Case of the Day: In re Activision Shareholder Litigation
The case of the day is In re Activision Blizzard, Inc. Stockholder Litigation (Del. Ch. 2014). The case was a classic shareholder derivative action. After a complicated restructuring transaction between Activision and Vivendi, shareholders of Activision sued, claiming that Activision’s directors and Vivendi itself breached fiduciary duties to Activision by setting a price for the……
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Let’s Help Improve The Hague Evidence and Service Conventions!
The International Litigation Committee of the ABA is assisting the State Department in soliciting comments from practitioners on the operation of the Hague Service and Evidence Conventions. The comments will be used by the State Department in identifying issues to raise during the upcoming meeting of the Special Commission on the Practical Operation of the……