Adverse Possession—Compromises and Estoppel

Rethinking Prosecution History Estoppel

Under the rule of prosecution history estoppel, patent applicants who amend their claims during the course of patent prosecution assume a significant risk: the risk that a court will later construe the changes as concessions that should be read to limit patent scope. This risk is exacerbated by strong evidentiary presumptions under which courts are to assume, unless the patentee presents suffic...

Mutuality of Estoppel: Its Status in Nebraska

Reasonable Reliance in Estoppel by Conduct

The basis on which an estoppel by conduct is established is a keenly debated question. Theories based on promise and conscience have recently been propounded in the literature: Michael Pratt has argued that equitable estoppel must be based on promise,* 1 while Michael Spence has argued that the central criterion of estoppel by conduct is unconscionable conduct.2 In advancing these promise and c...

Causality and collateral estoppel: process and content of recent SSRI litigation.

In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put before the United States District Court for the District of Utah to adopt the findings of the Tobin case--vi...

Maternal Periodontitis, Preeclampsia and Adverse Pregnancy Outcomes

Background and Aim: Preeclampsia is a considerable problem of pregnancy. Endothelial dysfunction and placental hypoxia are the current hypothesis of preeclampsia. Chronic inflammation, including periodontitis may provoke systemic maternal and placental pro-inflammatory endothelial dysfunction, which represent a significant risk factor for diseases of vascular origin. So this study was carried o...