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21 May, 2007 4:53 pm
... found interest in the monopolization of yoga may be Suketu Mehta's op-ed in the NY times, titled "A Big Stretch"-something that was
commented on by Aysha in her excellent (and ... succeed. The Patry Copyright Blog, by William Patry, Senior Copyright Counsel, Google Inc, elucidates this point quite well and
also cites to 2 law review ... public that will soon tire of excessive emotional rhetoric. Anyway, this is Prof Sampat's critique: Re: "A Big
Stretch" (Opinion, May 7) The posturing in Suketu Mehta's ...
3 Apr 9:17 am
Westchester Med. Ctr. v Lincoln Gen. Ins. Co., 2009 NY Slip Op 02589 (App. Div., 2nd, 2009) Contrary to the defendant's contention, the
two ... see 11 NYCRR 65-3.5[a]; Nyack Hosp. v Encompass Ins. Co., 23 AD3d 535, 536; Mount Sinai Hosp. v Triboro Coach ... v Citiwide Auto
Leasing Inc., 8 Misc 3d 138[A]; Melbourne Med., P.C. v Utica Mut. Ins. Co., 4 Misc 3d 92 ... motor vehicle no-fault benefits" (see Nyack
Hosp. v Encompass Ins. Co., 23 AD3d at 536). The defendant also failed to raise a triable issue of fact ...
8 Jun 4:24 am
... . In Eurycleia Partners, LP v Seward & Kissel, LLP ; 2009 NY Slip Op 04299 ; Decided on June 4, 2009 ; Court of Appeals ; Graffeo, J. we see that there ... advice for the
benefit of another upon matters within the scope of the relation" (EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d 11, 19 [2005]
[internal quotation marks and citation ... " (AG Capital Funding Partners, L.P. v State St. Bank & Trust Co., 11 NY3d 146, 158 [2008]
[internal quotation marks and citation omitted]). Ascertaining the ...
12 Jan 7:06 am
... the CMFA. As the principal cheerleader for CDS contracts, the International Swaps and Derivatives Association, Inc., observed in a "Memorandum for ISDA Members" on January 5,
2001, even after the CMFA "[s ... For example: Commercial impracticability. In Hoosier Energy Rural Electric Co-op, Inc. v. John
Hancock Life Ins. Co., 2008 WL 5068649 (S.D. Ind. ... the bet." Dinallo says credit default swaps were totally unregulated and that the
big banks and investment houses that sold them didn't have to set ...
19 Nov, 2007 7:55 am
... Iowa City, IA 52240 Web: http://www.icare-ia.org Alzheimer's Association Big Sioux Chapter 522 4th Street, Lower Level P. O. Box 3716 Sioux
... Buchanan County Volunteer Co-op Independence (319) 334-4218 Association for Retarded Citizens of Johnson County Iowa City (319)
351-5017 Systems Unlimited, Inc. Iowa City (319) ... Harrison County Homemaker Agency Logan (712) 644-3437 Central Iowa Residential Services, Inc. Marshalltown (641)
752-5762 Child Abuse Prevention Services Marshalltown (515) 752-1730 ...
19 Apr, 2007 8:23 am
... a liquidation, and (b) without a compaction of capital, the incentives are entirely misaligned. That in fact happened here: Conseco Inc., an insurance, investment and lending
company based in Carmel, filed for Chapter 11 bankruptcy on Dec. 17, ... : Part 1, Part 2, Part 3 Gouging in space rent: Modesto, California: Part 1, Part 2 Contrast in state laws
influences policy: A tale of two states Co-op seeking to buy its land: Seattle, the price of security Rezoning moratorium: Davie,
Florida: Time out!]
4 Mar 10:06 am
... such a provision for prescription drugs. See Riegel, 552 U. S., at ___ (slip op., at 14) ("Congress could have applied the pre-emption clause to the entire FDCA. It did ...
e.g., Geier v. American Honda Motor Co., 529 U. S. 861 (2000); Hillsborough County v. Automated Medical Laboratories, Inc., 471 U. S.
707, 713 ( ... Breyer/Stevens group. In a business case like this, I figured he would slip in with Roberts & Co. and that Thomas would be
dragged along to make a 5 vote majority. Obviously, I was ...
9 Aug, 2007 5:53 am
... 80% for children, and 90% for patients with rare diseases). While the FDA certainly has a big role to play, the importance of that role can
be exaggerated, and we think the DC Circuit did so ... U.S. 1, 28 (2005), and United States v. Oakland Cannabis Buyers' Co-op., 532 U.S.
483, 490 (2001), the Court considered a variety of arguments ... the manufacturer has made the decision not to continue with trial. See Abney v. Amgen, Inc., 443 F.3d 540 (6th
Cir. 2006). The Sixth Circuit described the claims in ...
19 Nov 2:51 am
... law of each plaintiff's home jurisdiction. Panacryl, slip op. at 10. That's one - and it's the big one. Once the court concluded
that the plaintiffs' nationwide class action had ... what's left over - which is entirely improper. Cf. McLaughlin v. American Tobacco Co., 522
F.3d 215, 234 (2d Cir. 2008) (rejecting piecemeal certification; ... meaningfully material to the resolution of the absent class members' claims"); Snow v. Atofina Chemicals,
Inc., 2006 WL 1008002, at *9 (E.D. Mich. March 31, 2006) (" ...
12 Feb, 2008 8:29 am
... on here, but any time a state supreme court gets a preemption issue, it's a big deal. Lots of defense oriented organizations file amicus
briefs. Discouraging amicus filings isn' ... is "clear evidence that Congress intended that the [statute] be enforced exclusively by the Federal Government." Buckman Co. v. Plaintiffs' Legal Committee, 531 U.S. 341, 349 n.4, ... clause that did not preempt violation claims in Medtronic, Inc. v. Lohr, 518 U.S. 470
(1996). Slip op. at 18-19. §343-1(a) is similar to the ...
29 Mar, 2007 8:24 am
... Dan Med., P.C. v New York Cent. Mut. Ins. Co., 2007 NYSlipOp 50602(U) (big suprise there); City
Wide Social Work & ... ., 2007 NYSlipOp 50604(U);Vista Surgical Supplies, Inc. v Nationwide Mut. Ins. Co.2007 NYSlipOp 50605(U);All
Mental Care Medicine, P. ... 50613(U);W.H.O. Acupuncture, P.C. v Allstate Ins. Co., 2007 NYSlipOp 50615(U). There was a somewhat confusing set
of facts in Ontario ... Health, P.C. v State Farm Mut. Auto Ins. Co., 2007 NY Slip Op 50583(U) You can find the Appellate 2nd decisions
...
28 Aug, 2008 5:36 pm
... , weren't just the crocodile tears of big pharma lawyers after all. The opinion, Gunvalson v. PTC Therapeutics, Inc., has already
received some comment on ... invoked theories of "promissory estoppel, fraudulent misrepresentation and negligent misrepresentation," slip op. at 3, to demand essentially that
PTC should be compelled to give him its drug for nothing. ... enactment is mandatory in its own right. E.g., Mervin v. Magney Construction Co.,
416 N.W.2d 121, 123 (Minn. 1987). Well, the defendant's ...
8 Oct, 2008 11:50 am
... the "majority" view, Ferrari ignore a significant minority of states - including some very big ones - that rejects the legal guerilla
warfare model that is part and parcel of the case-by- ... : Young v. Key Pharmaceuticals, Inc., 922 P.2d 59, 64 (Wash. 1996); Terhune v. A.H. Robbins Co., 577 P.2d 975, 977 ... a] transaction or conduct specifically authorized under laws administered by . . . the United States." Slip op. at 4-5. As
long as the product was FDA approved, then the Michigan safe harbor applies: ...
4 Sep, 2008 11:49 am
... Co., 529 U.S. 861 (2000). And the Court shot a big hole in it in Buckman Co. v. Plaintiffs' Legal Committee, 531 U.S. 341, 347-48 ... Supremacy Clause. The Third Circuit acknowledged the strength of these arguments in Colacicco v.
Apotex, Inc., 521 F.3d 253, 263 (3d Cir. 2008), and those arguments ... properly) identifying the defendant's position as involving solely implied conflict preemption, slip
op. at 21, the court goes on to describe its preemption analysis as involving "express preemption." E.g ...
16 Aug, 2008 2:43 am
... Emery University wins patent fight against Nova Biogenetics: (Law360), US: Big pharma resists proposed new litigation cost reporting
requirements arguing it would ... Blueblood (Shanghai) Wine sued over 'copied' whisky by Diageo: (Rouse & Co International), 49
'grass-roots' courts approved to hear IPR civil cases ... TTAB affirms mere descriptiveness refusal of 'ITALIAN SUSHI': In re Alfredo International Inc (non-precedential):
(TTABlog), Aloft - Aloft voluntarily dismisses two additional companies ...
13 Jun, 2008 3:40 am
... 2 Limited: (IPRoo), Costs decision: Nutrasweet Australia Pty Ltd v Ajinomoto Co Inc: (IPRoo), Gordon J upholds breach of
confidentiality and copyright: Krueger Transport ... against copyright reform: (Michael Geist), P S Taylor's National Post op-ed on copyright: (Michael Geist) China Chinese
copyright law, peer production ... (IPBiz), Rule 11 issues in patent infringement filings: (IPBiz), Patents play big role in 'clean
technology': (IPBiz), US patent examiners: the 'Numptys', how domestic criticisms ...
28 Feb, 2008 8:39 am
... New Orleans Broadcasting Ass'n, Inc. v. United States, 527 U.S. 173 (1999); Rubin v. Coors Brewing Co., 514 U.S. ... the Court held.
This is the doctrine that [defendants] propose to invoke in their defense. Caputo, slip op. at 5-7 (emphasis added). That's the First Amendment argument in a nutshell - FDA
regulation ... of Virginia Citizens Consumer Council and the cases that followed in its wake. Caputo, slip op. at 7 (emphasis added). The Caputo court recognized that there were
other, more restrictive ...
20 Mar 6:36 pm
... Nutrition Now, Inc., 304 F.3d 829, 838 (9th Cir. 2002) and Grupo Gigante S.A. de C.V. v. Dallo & Co., 391 F. ... this
presumption because, as the majority holds, it failed to determine the proper period for laches. Majority Op. at 3410-11. In fact, the district court applied a presumption
against laches. Accordingly, ... by dint of great effort and expense. Then, when the small competitor has succeeded, the big company can shake
it down for a cut of its hard-won success, or destroy the name under ...
25 Jul, 2008 7:04 am
... -Gesellschaft zur Forderung der Wissenschaften eV (not an IP case but has big repercussions for IP): (IPKat) European Commission's IPR
strategy focuses on SMEs: ( ... - Open Rights Group's Sound Copyright campaign: (IPKat), Group of European professors' op-ed article in Times on why proposal to extend copyright
term is a bad idea: ( ... no likelihood of confusion with ONE TRUE FIT for outerwear: H D Lee Co v Maidenform, Inc (precedential):
(TTABlog), Major League Baseball - MBL sends Bulbous Ventures ...
20 Aug, 2007 8:10 am
... that one of those cases, Pennsylvania Employee Benefit Trust Fund v. Zeneca, Inc., 2005 WL 2993937, at *4 (D. Del. Nov. 8, 2005), has ... fraud laws that permitted plaintiffs
to question the veracity of statements approved by the FDA. Slip op. at 29-30 (emphasis added). In other words, where the FDA says "yes" to statements in ... -law consumer fraud
claims involving prescription drug advertising. This result warrants big time congratulations to Mark Haddad and the rest of the Sidley &
Austin folks ...
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