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When is a strainer a container? When it’s a leaking landfill that conformed to the “state of the art” at the time of construction. How can that be? Well, that’s the case law – for now – in the Western District of Michigan.
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24 Feb '15
Three months ago we blogged about whether expert reports can be ghostwritten by attorneys.
While the answer is still no, recent coverage of a patent infringement case by attorneys of Akin Gump Strauss Hauer & Feld LLP provides further proof of the consequences. In Numatics, Inc. v. Balluff, Inc., No. 2-13-cv-11049, 2014 WL 7211167 (E.D. Mich. Dec. 16, 2014) the district court in Michigan excluded the defendant’s expert after defendant’s counsel admitted that they drafted the report. You can read the coverage by Akin Gump here, but their conclusion is worth repeating:
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If you’ve been following the news or tracking major judicial developments, you may know that the Supreme Court of the United States, also known as SCOTUS, has a busy spring ahead of it this year. The nine justices have already heard arguments concerning the Fair Housing Act in January and will soon be hearing oral arguments for cases concerning the future of the Affordable Care Act, marriage equality, and lethal injection.