May 15, 2013 | Case Comments, Number 2, Print Edition, Volume 46
The First Amendment to the United States Constitution embodies one of the country’s founding principles—separation of church and state—by prohibiting Congress from enacting laws that either respect a religious establishment or prohibit the people’s free exercise of...
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...