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7 Aug, 2008 8:15 pm by Marcia Oddi
... , 2006 Edition, first printing, as published by the International Code Council, Inc." 675 IAC 13-2.5-1 provides: Sec. 1. (a) That certain document being titled the ... state law is not unique to Indiana. And the problem may not be limited to the building codes, although it turns out that, for instance, the 2002 Real Property Assessment Manual & ... until 2011-pay-2012), which are incorporated by reference at 50 IAC 2.3-1-2, are in fact available online is a useable format through the Dept. of Local ...
The Indiana Law Blog - http://indianalawblog.com/
8 Apr 8:02 am
... End Result Breath Alcohol, Int'l Journal of Drug Testing, Vol. 3. Scholarly article analyzing the effects of breath volume on breath alcohol content for the BAC ... 2007. Stating that, "disclosure of such information including the Source Code would cause irreparable harm to CMI, Inc." and tacitly admitting to the relevance and importance of the Source ... Minnesota BCA has and has not made prior requests for the source code. These paragraphs, in turn, can be compared to BCA toxicology expert Glen Hardin ...
Minnesota DWI Defense Blog - http://www.mndwidefenseblog.com/
17 Nov, 2007 3:59 am by Michael Stevens
... District of Ohio as part of the multidistrict litigation captioned In re: Commercial Money Center, Inc. (CMC) Equipment Lease Litigation (No. 02-16000), which arose out ... sexual offender to a satellite-based monitoring program for the duration of his probation. TENN. CODE ANN. § 40-39-303. In August 2005, Doe's probation officer ... Ex Post Facto Clauses of the United States Constitution (Article I, Section 3, Clause 3) and the Tennessee Constitution, as well as his right to procedural due process ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
3 Mar, 2008 6:00 am by Kimberly A. Kralowec
... Wells Fargo, calculated interest on plaintiffs' home loans. Slip op. at 2-3. The Court of Appeal: Discussed the Cel-Tech "safe harbor" in some detail. Wells ... Kenneth Puentes appeal a summary judgment for defendant Wells Fargo Home Mortgage, Inc. (Wells Fargo), entered after the trial court determined that as a matter of law they ... issue of material fact and the 'moving party is entitled to a judgment as a matter of law' (Code Civ. Proc., § 437c, subd. (c)), the court must grant the motion for summary ...
Tags: prong, Fraudulent, UCL
The UCL Practitioner - http://www.uclpractitioner.com/
... something for the benefit of the employer or a third person." Thus, for purposes of California Labor Code, Division 3, Chapter 2, "the relationship of employer and employee necessarily arises" from "a contract ... System, Inc., 154 Cal.App.4th 1, 10-11, 64 Cal.Rptr.3d 327 (2007) court was apparently unaware of California Labor Code ... common law right to indemnification. This precedent is not mere history. It is the foundation of Labor Code section 2802. See Douglas v. Los Angeles Herald-Examiner, 50 ...
the complex litigator - http://www.thecomplexlitigator.com/
20 May, 2008 10:27 am by Marcia Oddi
... publication opinions today (3): In JPMorgan Chase Bank N.A. v. Laura & Dennis Brown, et al, an 8-page opinion, Chief Judge Baker ... institution that has received notice of garnishment proceedings pursuant to Indiana Code section 28-9-3-4(d) is required to restrict withdrawal of funds that are subsequently deposited ... is whether a release Garrido signed after termination of his employment with McDonald Investments, Inc., absolved him of liability for a Key Bank promissory note that he co-signed. ...
The Indiana Law Blog - http://indianalawblog.com/
18 Feb, 2008 5:25 am by Alan J. Berteau
... , 2007 WL 4178946, rehearing denied (1/9/2008). LeJeune Brothers, Inc. ("LeJeune"), the property owner, claimed that the Goodrich Petroleum Company, L.L.C. ... pour autrui contained in the mineral lease; and (3) was not entitled to bring claims for restoration for breach of implied obligations contained in the Mineral Code. In dismissing LeJeune's tort ... the property, the Third Circuit denied LeJeune's argument that the decision rendered in Hopewell, Inc. v. Mobil Oil Co., 00-3280 (La. 2/9/01), 784 So ...
Louisiana Law Blog - http://www.louisianalawblog.com/
2 Oct, 2008 4:27 am by Peter Rost
... , 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, ... need not consider "bald assertions [or] unsupportable conclusions." Doyle v. Hasbro, Inc., 103 F.3 186, 190 (1st Cir. 1996) (citation omitted). Although ... not applied to prevent acceptable medical use for appropriate off-label indications." Ind. Code § 12-15-35-35(a)(6). Defendants contend that this mechanism -- prior authorization -- ...
THE PHARMA LAW BLOG - http://peterrost.blogspot.com/
13 Sep, 2008 7:52 am
... , its Commissioner of Public Safety ("State"), and CMI of Kentucky, Inc. ("CMI") (collectively "Parties"), regarding ownership of, and access to, the source code ("Source Code") for the Minnesota version of the Intoxilyzer 5000EN, the breath-alcohol testing ... , with stitched bindings, marked "Do Not Copy" on each page, and in the digital format described in paragraph 3 of the Permanent Injunction will provide reasonable access while also reasonably protecting the Source Code's trade secret status. ...
Minnesota DWI Defense Blog - http://www.mndwidefenseblog.com/
22 Jul 7:43 am
... is used to protect the reputation of the brand and its trademarks. Davidoff licenses its Cool Water trademark to Coty Inc. for the manufacture and distribution of Cool Water fragrances. In an effort to maintain the prestige of its brand, Davidoff restricts distribution of ... was cut, chemicals were used to wear it down, or the bottom of the bottles were ground to wear the UPC code away.[3] Davidoff sought a preliminary injunction to enjoin CVS from selling these items. CVS voluntarily agreed to ...
Fashion & Apparel Law Blog - http://www.fashionapparellawblog.com/
31 Aug 12:14 pm by Sheppard Mullin
... is used to protect the reputation of the brand and its trademarks. Davidoff licenses its Cool Water trademark to Coty Inc. for the manufacture and distribution of Cool Water fragrances. In an effort to maintain the prestige of its brand, Davidoff restricts distribution of ... was cut, chemicals were used to wear it down, or the bottom of the bottles were ground to wear the UPC code away.[3] Davidoff sought a preliminary injunction to enjoin CVS from selling these items. CVS voluntarily agreed to ...
Intellectual Property Law Blog - http://www.intellectualpropertylawblog.com/
22 Nov 2:17 pm by Randall Reese
... Friday morning, GSI Group Inc. and two affiliates (the lead bankruptcy case is the case of GSI's affiliate MES International, Inc.) voluntarily filed for chapter 11 bankruptcy protection in Delaware. The companies have 29 other affiliates (10 in the United States ... over 1.4 million documents filed in over 700 of the largest corporate chapter 11 bankruptcy cases, all professionally-coded to be quickly and easily searchable, netDockets allows you to find not just more precedent, but the best, most ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
10 Nov, 2008 5:27 pm
... , Superior Court Judge Ronald Prager agreed with the defendant retailer[1] that a zip code is not "personal identification information," and held that requesting and recording zip code information in connection with a credit card transaction is not a violation of the Song-Beverly Act. Pineda v. Williams-Sonoma Stores, Inc. (Oct. 3, 2008) No. ... explication of the statute and why he held that requesting and recording zip codes does not violate the Song-Beverly Act. [1] Defendant retailer Williams- ...
Fashion & Apparel Law Blog - http://www.fashionapparellawblog.com/
16 Sep 7:23 am
... re Sportsman's Warehouse, Inc., 2009WL 2382625 (Bankr. D. Del. 2009), held that Bankruptcy Code § 365(d)(3) does not require the timely ... first of the month and prepayment of rent is due on the first of the month. § 365(d)(3) requires that the trustee "timely perform all the obligations of the debtor . . . arising from and after ... debtor is required to pay the delinquent rent and penalties under § 365(d)(3). Id. Goody's noted that, as a matter of policy, it is "a perverse result that debtor-tenants ...
Bankruptcy Litigation Blog - http://www.bankruptcylitigationblog.com/
7 May, 2007 6:00 am by Kimberly A. Kralowec
... 2007) (modified Apr. 24, 2007), cross-complainant American Isuzu Motors, Inc. prevailed at trial on its individual UCL claim against a company that fraudulently posed as an authorized ... section 11713.3, subdivision (d) and Corporations Code section 2010, subdivision (a) gave it a "safe harbor" for its conduct. In Cel-Tech Communications, Inc. v. Los ... section 11713.3 does not provide a safe harbor for such conduct; to the contrary, subdivision (f)(1) of section 11713.1 prohibits it. Slip op. at 29 ...
Tags: prong, unfair, UCL
The UCL Practitioner - http://www.uclpractitioner.com/
... , J.)(denying immunity to a hospital healthcare provider in the context of medical malpractice). Riverside Hosp., Inc. v. Johnson, 272 Va. 518 (2006), a landmark medical malpractice case of ... assurance review process. Rather such information is the type, contemplated by Subsection (C) of Code §8.01-581.17, which the General Assembly has specifically instructed ... Order; and 5/5/08 Morel v. Mary Immaculate Order at 3-4. So healthcare institutions have been seeking to overrule Riverside for medical ...
Virginia Injury Attorney Blog - http://www.virginiainjuryattorneyblog.com/
18 Feb, 2008 6:14 pm by Bruce Nye
... protect the rights of employees to disclose information about their compensation or working conditions. The first, Labor Code section 232, was enacted in 1984, provides: No employer may do any of the ... . This statute was broadly interpreted by the Court of Appeal in Grant-Burton v. Covenant Care, Inc. (2002) 99 Cal.App.4th 136. There, the court upheld a claim for ... 857, 864; Haney v. Aramark Uniform Services, Inc. (2004) 120 Cal.App.4th 609, 633, fn. 3). Next, it cited three California cases to the ...
Cal Biz Lit - http://www.calbizlit.com/cal_biz_lit/
11 Mar, 2008 12:44 pm by Marcia Oddi
... opinions today (3): In State of Indiana on the Relation of the Indiana State Police v. Chad Arnold, a 10-page opinion, Judge Darden concludes: Indiana Code section 35 ... for expungement, we find that the legislature intended the granting or denial of a petition under Indiana Code section 35-38-5-1 to be within the trial court's sound ... affirm." In Indiana Dept. of Transportation v. U.S. Outdoor Advertising Company, Inc. (NFP), a 10-page opinion [which is inexplicably NFP], Judge Friedlander writes: ...
The Indiana Law Blog - http://indianalawblog.com/
22 Apr, 2008 10:36 am by Marcia Oddi
... an additional fixed term to an habitual offender under Indiana Code section 35-50-2-8, or (3) the consecutive sentence is an additional fixed term to a repeat sexual ... to sever the charges; (2) the evidence presented was insufficient to sustain her convictions for forgery; (3) the trial court infringed on her right to testify by limiting her testimony regarding her ... parental rights. We affirm." John C. Lewis v. Tradewinds Marine, Inc. v. Dearborn Savings Assoc., F.A. & American State Bank (NFP) ...
The Indiana Law Blog - http://indianalawblog.com/
9 May, 2008 4:31 pm
... reorganization proceedings. But Chapter 15? For the uninitiated, Chapter 15 was added to the Bankruptcy Code as part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act which ... country. According to 11 U.S.C. 1501, Chapter 15 of the Bankruptcy Code is designed to promote cooperation between the United States courts and parties in interest ... Case No. 08-31025, Judge Walter presiding ROL Holdings (Canada) Inc., Case No. 08-31024, Judge Walter presiding ROL Manufacturing of America, ...
Ohio Practical Business Law - http://www.ohiopracticalbusinesslaw.com/
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