May 15, 2013 | Case Comments, Number 2, Print Edition, Volume 46
The Sherman Antitrust Act (Sherman Act) prohibits businesses from contracting, combining, and conspiring to restrain trade or commerce. Reverse-payment-patent-settlement agreements between brand-name and generic pharmaceutical companies—whereby a brand-name-patent...
May 15, 2013 | Case Comments, Number 2, Print Edition, Volume 46
When a party to litigation destroys relevant evidence, the judge may issue sanctions under the court’s inherent and statutory authority to punish spoliation of evidence. The adverse inference sanction permits or compels the jury to conclude the destroyed evidence...
May 15, 2013 | Case Comments, Number 2, Print Edition, Volume 46
Article III of the United States Constitution extends federal judicial power to all cases arising under admiralty and maritime jurisdiction. The Death on the High Seas Act (DOHSA) in turn provides the exclusive, albeit monetarily limited, maritime remedy for wrongful...
Feb 24, 2013 | Case Comments, Number 1, Print Edition, Volume 46
The Fourth Amendment of the U.S. Constitution and article I, section 10 of the Minnesota Constitution protect an individual’s privacy right from an unreasonable search or seizure. However, courts have upheld the constitutionality of some searches when an individual’s...
Feb 24, 2013 | Case Comments, Number 1, Print Edition, Volume 46
The United States Supreme Court famously held in Miranda v. Arizona that the Fifth Amendment privilege against self-incrimination granted a series of required safeguards, and outlined a way a suspect can invoke his rights. In 2010, the Court revisited this issue in...