Westlaw Journals weekly round-up

May 8, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law.  Here are some highlights from the past week:

Social media in the workplace: The impact of recent NLRB rulings: In this expert commentary, Moore & Van Allen attorney Todd Taylor discusses the National Labor Relations Board’s recent foray into the realm of employers’ social media policies and decisions. Although there is a chance that the federal courts may overturn these decisions, this commentary highlights some of the issues employers need to keep in mind when they are drafting social media policies or regulating their employees’ use of social media. The blog includes a short audio introduction. (Computer & Internet)

Peruvian Indians can pursue Amazon pollution suit in U.S. court: The U.S. Supreme Court has declined to review a federal appeals court’s ruling that Peruvian villagers and a San Francisco-based environmental group can sue Occidental Petroleum Corp. in federal court over its alleged pollution of the Amazon rainforest. In a one-sentence denial, the high court April 22 refused to entertain the oil company’s argument that the case should not be heard in U.S. courts, but in Peru under the doctrine of forum non conveniens. That doctrine allows a federal court to decline jurisdiction where there is a more appropriate forum available to the parties. (Environmental)

Supreme Court grapples with patentability of human genes: Can human genes be patented? That is the complex question the Supreme Court wrestled with during oral argument April 15. The resolution of the question is likely to have an impact far beyond the immediate case before the court, some legal experts say. (Intellectual Property)

Patient wins revival of med-mal claim against Duke University surgeon: A patient who alleged a Duke University thoracic surgeon removed the wrong rib during a procedure can proceed with malpractice claims because he presented ample expert testimony on the acceptable standard of care, the North Carolina Court of Appeals has ruled. Jeffrey Higginbotham won reversal of a directed verdict for Dr. Thomas A. D’Amico and the Duke University Health System on allegations of medical malpractice but lost his bid to revive a battery claim. (Medical Malpractice)