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Suffolk University Law School
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Appellate Division, Fourth Department Corporations
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Federal trial courts frequently misuse willful-blindness jury instructions. This note argues for the federal appellate courts to implement a consistent set of standards that would curb this misuse and help bring clarity to the willful-blindness doctrine.
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[...] we publish anything that has to do with litigation - whether its practical pieces that have to do with procedural law or substantive law pieces or even completely theoretical law pieces. Since 1980, The Review has become the second most cited student run specialty publication in the country. Dean Lawrence Sager, The University of Texas School of Law: 'Morning everybody.
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The United States Patent and Trademark Office (Office) is proposing to revise the patent term adjustment provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) provide for patent term adjustment if, inter alia, the issuance of the patent was delayed due to appellate review by the Board of Patent Appeals and Interferences (BPAI) or by a Federal court and the patent was issued under a decision in the review reversing an adverse determination of patentability. The Office is proposing to change the rules of practice to indicate that the period of appellate review under the patent term adjustment provisions of the AIPA begins when jurisdiction over the application passes to the BPAI rather than the da...
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The courthouse doors are closed to an alleged victim of childhood lead-paint poisoning who failed to notify the Housing Authority of Baltimore City within 180 days after being diagnosed with an elevated blood lead level, a Maryland appeals court has held. In its 3-0 decision, the Court of Special Appeals upheld Baltimore City Circuit Judge Evelyn O. Cannon's dismissal of Kevin Antoine Mitchell's $2 million claim that his exposure to lead paint while living in an HABC property caused brain damage. Mitchell did not notify the agency until nearly 19 years after the diagnosis, well beyond the 180-day requirement under the Local Government Tort Claims Act, the intermediate appellate court said.
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Letters from jurors expressing their doubts about the defendant's guilt and describing irregularities during deliberations were not sufficient to warrant a reversal of the defendant's conviction, the has ruled. The defendant was convicted of aggravated robbery and sentenced to 15 years' imprisonment. After trial, two jurors wrote letters to the court. The first letter stated that the juror was unsure about the jury instructions, while the second letter stated that the juror did not believe the state had proved its case beyond a reasonable doubt. The second letter also alleged that the jury deliberations were improper and that the juror felt pressured to conform to the majority opinion.
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Alex Burrows of the Vancouver Canucks may have gotten away with it unscathed when he chomped down on the gloved hand of the Boston Bruins' Patrice Bergeron in the first game of the Stanley Cup Finals, but a recent Court of Special Appeals decision makes clear that similar rule-flouting conduct will not be tolerated -- at least not when it comes to filing briefs in the Maryland appellate courts. Whether biting our adversaries is a good or bad thing is a subject for another day, but before proceeding any further, I should point out that I am not a hockey fan, nor did I even know until very recently who Alex Burrows or Patrice Bergeron are, much less that their teams were battling each other for the Stanley Cup trophy.
