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Many people mistake a nursing home with an assisted living facility. The two have different levels of care and different treatment in the eyes of the law. Assisted living communities will generally take healthier people who need some extra help and monitoring while nursing homes are for the seriously ill. Nonetheless, you have the ability to sue nursing homes and senior living communities when they have been negligent and harmed your loved one. Just because the laws of assisted living are not as detailed does not mean that they do not owe your loved one the duty of care.…
Vectura Limited v. GlaxoSmithKline LLC et al. Docket No. 2020-1054 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1054.OPINION.11-19-2020_1688174.pdf) PROST, BRYSON, WALLACH November 19, 2020 Brief Summary:  DC finding that GSK’s inhaler composition infringe Vectura’s patent and the ~$90 million damages award affirmed. Summary:  GSK appealed jury finding it infringed Vectura’s US 8,303,991 directed to “[c]omposite active particles for use in a pharmaceutical composition for pulmonary administration” that include magnesium stearate, and the damages award.  Vectura alleged infringement by GSK’s Ellipta-brand inhalers (the Breo, Anoro, and Incruse devices) and awarded almost $90 million in damages (3% royalty on $2.99 billion in sales).  GSK’s “accused inhalers feature[]…
There are so many ways to save for retirement that it feels like you have to be a financial expert to understand the various retirement accounts available and their respective tax advantages. In reality, most retirement plans in the United States fall under the umbrella of being a “deferred compensation plan.” Deferred compensation plans even at their most basic, still, usually, require a divorce atto What Is A Deferred Compensation Plan? A deferred compensation plan is ANY agreement between an employee and an employer that allows the employee to collect money they earn presently at a later date. Why would…
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This week, we’re reviewing Justice Theis’ history in oral arguments in civil cases.  Having established that the party which gets more questions at argument overall is likely to lose, we’re trying to determine (1) whether each individual Justice follows that same pattern when she or he agrees with the majority; and (2) when he or she dissents, does the Justice more heavily question the side the Justice thinks should lose, or the side the majority believes should lose?  This week, we’re looking at the data for Justice Theis, civil cases first. When Justice Theis agrees with the majority in a…
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This time, we’re reviewing the data for Justice Theis’ question patterns in criminal cases. When Justice Theis agrees with the majority in an affirmance, she follows the expected pattern, averaging 3.22 questions to appellants and only 1.38 to appellees.  However, she breaks from the pattern in reversals, more heavily questioning the winner – 3.02 to appellants, 2.66 to appellees.  When Justice Theis joins the majority in a split result – affirmed in part, reversed in part – her numbers are almost identical – 2.3 questions to appellants, 2.23 to appellees. Once again, in most cases where Justice Theis breaks with…
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The highly-publicized divorce of Hollywood actors Jason Bege and Angie Janu has resulted in both parents sharing joint custody of their two sons. Although divorces are not uncommon in the entertainment industry, the story was an encouraging one as Bege and Janu were able to come to an agreement on the issue of child custody. Losing out on time with a child is every parent’s biggest fear when going through a divorce, but joint custody holds many benefits for any parent that enters into such an agreement, or that must do so according to a court order. Sharing Matters of…
Getting paid for working is nice. But getting paid over and over again for work that’s already been done is even better. The problem with a lot of work is that the creator and their investors/distributors have no idea what income the work will generate over time. So, the creator, the artist, the investors and distributors create a system whereby every member of the agreement gets a pre-defined amount of future revenues. This right to future revenues is called a “royalty interest” and is usually governed by a licensing agreement. Royalties are a source of income which may be generated…
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Georgia Medical Cannabis Production License Want to Get a Medical Cannabis Production License in Georgia? Get Started Georgia Medical Cannabis Production License Georgia is accepting applications for medical cannabis production Licenses. After the state allowed the use of medical marijuana in 2015, the General Assembly finally passed a bill permitting marijuana production and sale in Georgia and now applications are open. The Georgia Access to Medical Cannabis Commission unanimously approved the process that will allow nearly 14,000 registered patients in Georgia to obtain oil for treatment in the state. If you are interested in joining the cannabis industry in the…
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In many scooter accidents, one person is obviously to blame. For example, a motorist might have run a red light and slammed into you. However, in other accidents, the person on the scooter could also contribute to the accident. This is not surprising, since many people are not familiar with how to safely operate a scooter. Fortunately, the Illinois law on comparative negligence allows injured victims to receive compensation even if they did not operate their scooter with reasonable care. Please contact Livas Law Group, A Division of Kralovec, Jambois & Schwartz for more information. Comparative Negligence Once upon…
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Those with children often create an estate plan because there is this sense of responsibility—a need to ensure their children are cared for in the event of a premature death. In contrast, individuals that do not have children tend to overlook the importance of an estate plan, either because they assume they have time and do not feel the same sense of responsibility, or because they simply do not believe that one is necessary. Whatever the reason behind it, failing to create an estate plan can have devastating results. Where Will Your Assets Go? When you are married or have…
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When you own a company, there are federal, state, and local laws you must follow in order to stay in business. Under the Fair Labor Standards Act (FLSA), U.S. employees have the right to receive a minimum hourly wage, in addition to “time-and-a-half” overtime pay when they work more than 40 hours within a seven-day period. It also prohibits the employment of minors in “oppressive child labor” conditions. If business owners do not adhere to these rules and regulations, then workers may file lawsuits against their employers if they can show that the company is in violation. However, the company…
While you can still be convicted of DUI without a breathalyzer, the prosecution’s job certainly is a bit harder. To find you guilty of DUI, the state must prove beyond a reasonable doubt that you were both driving and impaired.  A breathalyzer reading above .08 raises a presumption that you were impaired.  Without the breathalyzer, the state must rely on other evidence. During your court case, your attorney will ask the state to turn over copies of its evidence against you.  In most cases, that evidence will include video from the police stop. The video may show your driving prior…
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Michael Bonamarte Elected to Consumer Voice Governing Board Levin & Perconti congratulates partner Michael Bonamarte on his election to the Governing Board of the National Consumer Voice for Quality Long-Term Care. The advocacy organization, known as Consumer Voice, is dedicated to protecting nursing home residents’ rights. Beginning in December 2020, Michael will serve a one-year term on the board. Steve Levin recently completed a term on the Consumer Voice Leadership Council. “I am really proud of the work Levin & Perconti does on behalf of nursing home residents and their loved ones,” Michael said. “I am honored to have the opportunity…
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If you are a parent who is filing for divorce, there are certain aspects of your current everyday schedule which will now need to be reevaluated. For instance, your responsibilities as a parent,  which likely come naturally to you, will be reviewed and divided between you and your ex-spouse in a process known as allocation of parental responsibilities. The time that you spend with your kids will no longer be around the clock, but rather, will be scheduled and known as parenting time, or visitation. As part of the legal process, the court will be assessing your role and…
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For many people, one of the greatest concerns when considering a divorce is the possibility of a long and contentious trial with high financial and emotional costs. The good news is that it is often possible to avoid this outcome, and many divorcing couples are able to avoid a trial entirely by pursuing an uncontested divorce. This means that you and your spouse work together to reach an agreement on all important decisions in your divorce resolution. This option is not feasible in every situation, but it is well worth considering whether it could work for you and your…
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Contributed by Jacqueline Lentini McCullough, November 25, 2020 11411781 – photograph of a u.s. department of homeland security logo. The Trump administration has enacted more than 400 immigration policy changes. That’s one change every 3.65 days the administration has been in office. Weary from the whiplash of changes and weight of additional work, many are wondering how President-Elect Joe Biden will approach immigration policy. Here are my thoughts on four issues affecting clients: The Quickest Change Will Likely Be Better Visa Processing Times COVID-19 will still slow processing as many U.S. Citizenship & Immigration Services (USCIS) employees are working…