Willfulness (allowing enhanced damages) requires clear and convincing evidence of "objective recklessness," i.e., that infringer acted despite objectively high likelihood of infringing a valid patent Advice of Counsel Defense does not waive attorney-client privilege with trial counsel Advice of Counsel…
Addressing the issue for the first time, the Oregon Court of Appeals has held that a personal representative may not bring a wrongful-death action on behalf of a decedent who, during life, had successfully sued the same defendant for personal…
The United States Supreme Court issued an important ruling in Safeco Insurance Company of America v. Burr on Monday, June 4, 2007, which favorably interpreted the Fair Credit Reporting Act (FCRA's) notice requirements. Bullivant Houser Bailey PC represented State Farm,…
n an opinion filed yesterday and certified for publication, the California Court of Appeal held that as a matter of law, an insurer committed bad faith by declining to defend a lawsuit over a bodily injury claim. Craig Reid attacked…
Governor Kulongoski is expected to sign into law two new pieces of legislation which will grant legal rights to same-sex domestic partners and prohibit discrimination based on sexual orientation. Both laws will go into effect January 1, 2008, and, unless…
Just as Michael Jordan walked away from his first and second stints on the basketball court a winner, Mary Ann Jordan has again emerged victorious from the California Court of Appeal. However, like Michael, she may find the third act…
One Court, Two Decisions: The Debate Continues As To What Constitutes "Direct Physical Loss" Under Business Interruption Insurance A recent pair of decisions by the U.S. Court of Appeals for the 8th Circuit provides a unique view into opposing lines…
In Bernstein v. Travelers Insurance Company, 447 F.Supp.2d 1100 (N.D. Cal. 2006), a federal magistrate has ruled that loss reserves set in a first-party claim for property damage and business interruption may "lead to the discovery of admissible evidence" and…
On October 27, 2006, the California Court of Appeal issued its ruling in Metawave Communications v. St. Paul Fire & Marine Ins. Co. and Woodruff-Sawyer (Case No. A111085). The case arose out of a fire loss in Taipei, Taiwan which…
TRB Investments, Inc. v. Fireman's Fund Ins. Co., --- Cal. Rptr. 3d --- (2006), 2006 WL 3257848 In a unanimous decision, the California Supreme Court has held that in the context of an exception to a vacancy exclusion, the phrase…