Court Rejects HIV-Positive Surgical Technician

New York Court of Appeals Rejects Marriage Claim, 4–2

The Supreme Court Rejects Automatic Permanent Injunctions in Patent Cases in eBay v. MercExchange

In eBay, Inc. v. MercExchange, LLC, ___ S.Ct. ___ (May 15, 2006), a unanimous United States Supreme Court abrogated the Federal Circuit’s “general rule” that a permanent injunction will issue once a patent is adjudged valid and infringed. In a concurring opinion for four of the eight Justices that considered eBay, Justice Kennedy singled out cases involving patent trolls and business method pat...

Court of Appeals Rejects Quality of Care Standard for False Claims Act Liability (January 2002)

The United States Court of Appeals for the Second Circuit recently issued a decision that could narrow the scope of the prosecution of cases brought against health care providers under the False Claims Act, 31 U.S.C. § 3729, et seq. (the “Act”). This decision, United States ex rel. Mikes v. Straus, (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=2nd&navby=case&no=006269) does significan...

Trade Regulation: Court of Appeals Rejects Independent Status for Functional Discount under Robinson-patman Act

section 2 of the Clayton Act is to eliminate discrimination in price by buttressing the Clayton Act where it had proved most vulnerable. Section 2 (a) makes it unlawful to discriminate in price among purchasers of commodities of like grade and quality unless the discriminations fall within one of the dispensations found in sections 2 (a) and (b). 1 Discriminations that stem from legitimate mark...

HIV false positive results and Flu vaccination

Abstract False positive results are the major problem influencing interpretation of Clinical Laboratory test. They are originated mostly in the other diseases, technical errors and the recent vaccination. The problem has been presented since 1991 is positive HIV test after influenza Vaccination (1). The False positive has been reported in Cases using Eliza, one of The most common test to screen...