The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 22, No. 1, Winter

Correcting Uncertain Prophecies: An Analysis of Business Consequential Damages
SUMMARY If you filed a complaint in 2000 claiming business damages to an airline in a case that will go to trial after 2002, can or should your expert consider the impact of the tragic events of September 11, 2001, when she calculates consequential damages?...
In Light of Nobelpharma AB V. Implant Innovations, Inc., Should Walker Process Claims Be Treated as Compulsory or Permissive Counterclaims to Patent Infringement Litigation
I. INTRODUCTION The Federal Rules of Civil Procedure define a compulsory counterclaim as any counterclaim arising "out of the transaction or occurrence that is the subject matter of the opposing party's claim."1 Accordingly, after a claim has been brought...
Is This as Good as It Gets? an Appraisal of ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) Three Years after Implementation
1. INTRODUCTION In October 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Domain Name Dispute Resolution Policy (UDRP or Policy), establishing a uniform system for trademark owners to challenge "cybersquatting,"...
Posner on the Uses and Disadvantages of Precedents for Law
1. INTRODUCTION Richard Posner has long been considered controversial for his jurisprudential views. Most notably, his application of economic methods to legal issues has prompted both a firestorm of criticism and a general shift in much of the legal...
The History of Daubert and Its Effect on Toxic Tort Class Action Certification
I. INTRODUCTION Should parties be able to oppose and discredit expert scientific evidence during a toxic tort class action certification proceeding by using the principles espoused in Daubert v. Merrell Dow Pharmaceuticals, Inc.?1 In Daubert, the Supreme...
When Actions Speak Louder Than Words: The Case for a Quasi-Estopped Exception to the Statute of Frauds
I. INTRODUCTION: EQUITY SPEAKS SOFTLY AND WINS IN THE END.1 Good advice for the congenial entrepreneur or consultant is to "get it in writing." Although many in society stand by their word and are willing to operate on handshakes or verbal promises,...
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