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Calling Someone a ‘Patent Troll’ Isn’t Defamation

Most people have a general idea of what a patent troll is: Instead of creating new products or ideas, patent trolls often buy up others' patents and use litigation (threatened and real) to weaponize the patents and intimidate companies into licensing fees or...

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Playground Injuries: Are Waivers Enforceable?

Whether your child is off to daycare or kindergarten for the first time, or is a seasoned fourth- or fifth-grader, chances are they'll be spending some time on the playground. And while playground equipment has made some great strides in safety from the old metal bars...

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Silly Elephant! Habeas Corpus Rights Are for People

If you're an elephant and you're reading this, I have good news and bad news. The good news is you can read and access the internet -- powers that, if used responsibly, can enhance your quality of life. The bad news is, not being persons, you lack standing to file a...

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With Curfews and Bans, Cities Crack Down on E-Scooters

Public menace? Or valuable innovation? Cities continue to seek a common ground on e-scooters, the rentable solo vehicles that now swarm across many urban areas. On one hand, the dockless devices are a great transportation alternative; on the other, they?ve often...

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Leading Cause of Medical Malpractice Claims: Misdiagnosis

When most of us think of medical malpractice, we tend to think of an error that occurred on the operating table. In fact, however, the most common settings for medical mistakes are not surgical wards. They are doctor?s offices and emergency departments, where doctors...

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Can You Get Paid to Sleep?

Sadly, if you're a long-haul truck driver, you can't get paid to sleep anymore. For over 50 years, if you were on the road for 24 continuous hours or more, any sleep time in your cab over eight hours would be paid. No longer. Under a new rule from the Department of...

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What Will the NY Child Victims Act Mean for Abuse Lawsuits?

Recent child sex abuse scandals -- from churches to billionaires -- have put an increased focus on the statute of limitations when it comes to lawsuits involving past sexual assault. An array of factors can keep child victims from speaking out about abuse until years...

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Can Banana Costumes Be Copyrighted?

All of us still harbor a seething resentment towards our mother after she made us dress up in a banana costume for Halloween in fourth grade. Okay, maybe only some of us do. But for those of us still traumatized by those tragic events, the news of a years-long banana...

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Tesla Sued (Again) for Autopilot Fatality

Like any car, Teslas have had their fair share of accidents, and fatalities. As of this writing, there have been four reported fatalities in accidents involving Tesla's Model S, Model X, and Model 3 automobiles, all in the last three years. (That's compared to an...

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