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26 Jan, 2007 12:18 am
... registration on May 17, 2005. For a period of time prior to October 14, 2004, GMCI Internet Operations, Inc. ("GIO"), an affiliate of GMCI, owned the domain name
penthouseboutique.com. Apparently, GIO allowed the penthouseboutique. ... names that they have registered include smithbarneycom.com, remingtonshotgun.com, avoncn.com, gmportal.com,
foxv.com, allbarbies.com, t-mobiledealer.com and thedailyplanet.net. On or about October 14, 2004, the defendants registered the domain name penthouseboutique. ...
18 Feb, 2008 5:25 am
... activities and LeJeune maintained that it had no knowledge that the property was contaminated prior to the purchase of the property. The operative mineral lease had been
granted to Goodrich's predecessor in 1970 by LeJeune's predecessor ... . 2003); and Frank C. Minvielle, L.L.C. v. IMC Global Operations, Inc., 380 F.Supp.2d 755, 771 (W.D.
La. 2004)). The ... causes of action accruing because of a continuing tort." Id. at *9 (citing Derbofen v. T.L. James & Co., 355 So.2d 963 (1977), writs denied, ...
18 Apr, 2007 10:06 pm
... acting unreasonably, then that's an entirely different kind of litigation, and it doesn't involve our client. Warning causation - whether or not a "better" warning would ...
if there had been "adequate" warnings. The learned intermediary rule doesn't operate in the abstract. The "failure of [the prescribers] to perform their duties from that
point forward does ... judgment in the patient's best interests," Tracy v. Merrell Dow Pharmaceuticals, Inc., 569 N.E.2d 875, 878-79 (Ohio 1991). It is the physician ...
2 Oct, 2007 6:26 pm
... of Appearance and Request for Special Notice [PDF]. You'll see that the wording isn't exactly the same as IBM's [PDF] notice. That's because HP is on the the top 20 ... if
the debtor fails to timely do so or if the debtor's plan isn't accepted, then it could be the trustee, any of the creditors, an equity security holder, any party in ... HP
showing up, I'd say SCO's creditors' committee begins to appear. What a wonderful time to be named President of SCO Operations, Inc. How lucky can Sandy Gupta get?
4 Jul, 2007 1:07 pm
The June 21, 2007 known loss decision from New Jersey was very disappointing, CBS Operations Inc. v. Admiral Insurance Co. The court found that the insured knew that it
was polluting and also knew that the state was trying to...
4 Jul, 2007 1:07 pm
The June 21, 2007 known loss decision from New Jersey was very disappointing, CBS Operations Inc. v. Admiral Insurance Co. The court found that the insured knew that it
was polluting and also knew that the state was trying to stop the polluting, but the court refused to apply the known loss doctrine. Allowing coverage under these circumstances is bad
law and bad public policy.
23 Nov 4:45 pm
... 2009, the federal district court in Georgia ruled on several summary judgment motions in Scarlett & Associates, Inc. v. Briarcliff Center Partners, L.L.C. The primary
question was whether a property management service ... the Secured Creditor Exemption under Superfund. Faison, its agent, wasn't as lucky. With respect to the CERCLA claim, the
court found that, to be liable, Faison needed to be actually involved in the operations involving leakage or disposal of a hazardous waste. The Court found ...
18 Sep 12:01 pm
... lie we are concerned with today is fraud. In our previous posts on the case of Cordeck v. Construction Systems, Inc., we have discussed the issues raised by a bank, FMB, with
a mortgage on a property against which two mechanic's liens ... compelled the conclusion that Cordeck's initial lien claim was intentionally overstated and should therefore be
invalidated. The operative principle here is that "where a lien claimant knowingly files a lien containing a substantial overcharge, the claim should be ...
14 May 10:00 am
... But while honoring and celebrating Coney Island's history, the plan shouldn't "get stuck" on preserving the artifacts. Planning and design should focus on enhancing visitors
... 's amusement area is unsustainable, and the area will best be developed by a single operator/developer. DON'T WAIT. There is Only One Chance to Get this Right. The
City ... Vice Chair, IAAPA Executive Board; Jim Pattison, President, Ripley Entertainment, Inc.; Tony Catanoso, President & CEO, Atlantic City Steel Pier; Nikki ...
22 Jan, 2007 9:53 am
... . (Id. at ¶ 9). Kaira Sturdivant-Rouda is the Chief Operating Officer of Real Living, Inc. Harley Rouda, Jr. is her husband. (Id. at ¶ 15). Since 1977, the term "HER
... my clients can see the all [sic ] of the listings of homes available in Columbus. I can't afford to tell my Clients to only use the HER web site when many of ... her
dissatisfaction with landscape work performed by Plaintiff Lucas Nursery and Landscaping, Inc. The Sixth Circuit held that Defendant did not act with a bad faith intent to ...
15 Jul 12:46 pm
... no Communications Decency Act immunity where a website operator encourages a third party to provide illegal or offensive information that is then posted on its site. The case
was Federal Trade Commission v. Accusearch, Inc., -- F.3d.--, 2009 WL ... The Court found that Accusearch solicited requests for confidential information and then paid
researchers to obtain it. Thus, "[i]t knowingly sought to transform virtually unknown information into a publicly available commodity." Accordingly, Accusearch ...
20 Aug 9:31 am
... of title was "broken"). The trial court found that the foreclosure transferred the rights to Cross Atlantic by operation of law, and thus denied SAP's motion to dismiss. SAP
asked for ... state, not federal law. Akazawa [v. Link New Technology International, Inc., 520 F.3d 1354, 1357 (Fed. Cir. 2008)] (citing Jim ... court has held, "[T]here
is nothing that limits assignment as the only means for transferring patent ownership. . . . [O]wnership of a patent may be changed by operation of law." Akazawa, ...
20 Nov 7:48 am
... , apologized for participating in an alleged Ponzi scheme over the last decade, but denied guilt for his role in the operation. The cross-examination occurred on Thursday,
and according to this story in the Minneapolis Star-Tribune, Petters and Dixon "sparred like ... to the Star-Trib: "You were the heart and soul of PCI?" Dixon asked, referring to
Petters Co. Inc., which acted as the engine of the Petters business conglomerate. "Yes," Petters replied. "You signed promissory notes week after week ...
30 Jul, 2008 9:32 pm
... and businesses at retail for a higher price, the difference covering their operating costs and profit. AT&T does the same thing with its retail DSL sales. That
makes ... legal obligations under the Act and its regulations, dragging its feet in providing access to its "operations support system" - which is used to provide services to
customers and ensure quality ... industry, a task for which judges are ill-equipped. LinkLine Communications, Inc. v. SBC California, Inc. 503 F.3d 876 C.A.9 (Cal.),2007
...
21 May 7:53 am
... them making a profit if good quality care is also delivered but I don't understand how they can complain about needing tort reform to make a profit. It just isn ... the same
period last year. -- For those senior living communities that we have operated continuously since January 1, 2008 (comparable communities), occupancy for the first quarter of ...
.: Five Star Quality Care, Inc. is a senior living and healthcare services company. Five Star owns or leases and operates 210 senior living communities with ...
28 Dec, 2005 8:20 am
... VOIP: Big news has surfaced that Google was sued in October by Rates Technology Inc. (RTI), holder of US Patents 5,425,085 and 5,519,769 ... preventing RTI from interpreting
the claimed features as being applicable to VoIP. While VoIP hasn't really "emerged" until the last 5 years or so, it can be argued that the technology ... least cost
communication path for call corresponding to said telephone number, means operatively connected to said switch means for detecting and storing said telephone number ...
24 Jun, 2008 8:15 pm
... Lee Katz of Grisanti, Galef & Goldress as the Receiver of Norcross-based Ply-Marts, Inc. (which does business as Ply-Mart and PlyMart). The Order was entered in the case
of ... and custom stair divisions, with several in the wings if the first doesn't go through. Those divisions operate in Georgia, as well as Greer, S.C., and Charlotte,
N.C. In the meantime, two Georgia PlyMart lumber locations are still operating through the liquidation process: 2009 Dorsey Road in Marietta and 1159 Hog Mountain ...
2 Oct, 2008 4:27 am
... , New Jersey. (Am. Compl. 9). In April 2003, Pharmacia was acquired by Pfizer, Inc. (Am. Compl. 10). Rost alleges that beginning in 1997, and continuing to this day, ...
Court need not consider "bald assertions [or] unsupportable conclusions." Doyle v. Hasbro, Inc., 103 F.3 186, 190 (1st Cir. 1996) (citation omitted). ... -1341. A more recent
statement of the Center for Medicaid and State Operations undermines this holding, by explaining that "[t]he statute requires coverage of off-label uses of FDA- ...
26 Jan 3:15 am
... construe an operating agreement of a Florida LLC headquartered in New York. Private Capital Group (Capital) is a Florida LLC owned 80% by the plaintiff Ficus Investments,
Inc. (Ficus) ... over $2.7 million related to the litigation under the terms of Capital's operating agreement. New York County Commercial Division Justice Bernard J. Fried
... Although the players in Ficus seem to possess fat checkbooks, and while I don't pretend to know the effect of the court's ruling on the majority owner's appetite ...
14 Nov, 2007 7:57 pm
... BAZE ET AL., Petitioners, v. JOHN D. REES ET AL., Respondents. On Writ of Certiorari to the Suprem e Cour t of Ke ntucky BRIEF OF ANESTHESIA AWARENESS CAMPAIGN, INC.
AS AMICUS CURIAE IN SUPPOR T OF N EITH ER PARTY Richard M. Wyner Counsel of Record Sallie F. Pullman ... a patient is paralyzed and unable to communicate can traumatize a person:
"The realization of consciousness of which operating room staff are evidently oblivious, along with increasingly frenetic yet futile attempts to signal ...
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