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30 Apr, 2007 3:13 am by Ann Althouse
... we will uphold a nondiscriminatory statute like this one "unless the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits."... We find it unnecessary to decide whether the ordinances impose any incidental burden on ... , in doing so, implicitly labeled the four other judges to review the case unreasonable..... If two groups of judges can disagree so vehemently about the nature of the pursuit and the circumstances surrounding that pursuit, it seems ...
Althouse - http://althouse.blogspot.com
31 Aug 8:29 am by WIMS
... the National Association of Manufacturers (NAM), National Federation of Independent Business (NFIB), the U.S. Chamber of Commerce (USCC), the American Petroleum Institute (API) are stepping up their fight in opposition to climate change legislation ... and its labor and environmental partners, have embarked on a nationwide "Made in America Jobs" tour, highlighting the benefits to American workers and businesses of transitioning to a clean energy economy that will create millions of jobs. Maggie ...
eNewsUSA - http://enewsusa.blogspot.com/
27 Feb 7:00 am
... Highlights this week included: Seattle's Gary Locke may become new Commerce Secretary (Seattle Trademark Lawyer) (Inventive Step) (Intellectual Property Watch) (Peter ... motion for judgment as a matter of law on obviousness: Kinetic Concepts, Inc v Blue Sky Medical Group, Inc (Promote the Progress) CAFC reverses summary judgment of validity ... v Rosalinda Wessin and Daniel Pena (TTABlog) TTAB: Applicant gets benefit of the doubt: GREEN INDIGO not merely descriptive of clothing: In re Jones Investment ...
IP Thinktank - http://duncanbucknell.com/blog
13 Oct, 2008 12:12 pm
... Michael Geist) (Public Knowledge) (Intellectual Property Watch) Commerce Department cites questionable stats, Chamber of Commerce uses them to ask Bush to sign PRO IP ... Ars Technica) Drafting 'consisting essentially of' claims to overcome unknown anticipatory art (Benefit of Hindsight) Extraterritoriality (Washington State Patent Law Blog) Flash of Genius - a movie ... Blog) Two recent decisions reframe the DMCA discussion: Io Group, Inc v Veoh Networks, Inc and Lenz v Universal Music Corp (Intellectual ...
IP Thinktank - http://duncanbucknell.com/blog
18 Jun 5:19 pm by Kristina Moore
... amicus curiae of Council of American Survey Research Organizations, Inc. and Pharmaceutical Marketing Research Group, Inc. Brief amicus curiae of New England Legal Foundation ... Docket: 08-448 Title: Cable News Network, Inc., et al., v. CSC Holdings, Inc., et al Issue: Whether, under the Copyright Act ... Conkright Issue: Whether the statutory requirements for releases of claims under the Older Workers Benefit Protection Act are applicable to ERISA claims; whether Firestone deference applies to a plan ...
SCOTUSblog - http://www.scotusblog.com/wp/
25 Jul, 2008 12:27 am
... obtain depends on its stage of growth. Insurance consultants vary in their recommendations. For example, one group suggests that companies should wait until a mature phase before purchasing intellectual property ... www.insurernewmedia.com. After factoring in price point, most companies planning to emphasize e-commerce benefit, on balance, by procuring cyberspace, net secure, and D&O ... the jurisdiction. See Lumbermen's Mut. Cas. Co. v. Dillon Co., Inc., No. 3:98-CV2013 (EBB), 2000 U.S. Dist. LEXIS ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
18 Nov, 2008 8:16 pm
... shares of common stock or other junior stock in connection with the administration of any employee benefit plan in the ordinary course of business consistent with past practice ("Permitted Repurchases")). The financial ... share, for an aggregate purchase price of $25 billion in cash. 4) THE GOLDMAN SACHS GROUP, INC. - $10 BILLION: According to Form 8-K filed by The Goldman Sachs ... Warrants $16,369,000 at Par 11/14/2008, UCBH Holdings, Inc., San Francisco CA: Purchase Preferred Stock w/Warrants $298,737 ...
Tags: Corporate
Law at the End of the Day - http://lcbackerblog.blogspot.com
... transcript of remarks by him at the Center for Capital Markets Competitiveness, U.S. Chamber of Commerce on June 23, 2009 in Washington, D.C.) It is a pleasure to be speaking at this timely conference ... duties of corporate actors and constituencies. (go back) [6] Blasius Indus., Inc. v. Atlas Corp., 564 A.2d 651, 661 (Del. Ch. 1988 ... jurisdiction of incorporation in the United States for public companies. (go back) [9] RiskMetrics Group, Inc., Board Practices: Trends in Board Structure at S&P 1 ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
11 Jun, 2007 10:18 am by Jonathan Lipson
... (Del. Ch. Dec. 30, 1991); Prod. Res. Group, L.L.C. v. NCT Group, Inc., 863 A.2d 772 (Del. Ch. 2004). ... they have halted the creep of a doctrine could have had the unseemly effect of benefitting creditors at the expense of directors. What no one seems to have paid much attention ... easy to imagine that creditors of an insolvent corporation could suffer individual harm, and benefit from an individual remedy, in many of the same ways as could a shareholder when the corporation is solvent. In concluding ...
Credit Slips - http://www.creditslips.org/
2 Dec, 2007 8:03 am by Eric
... content. It provides the anchors that allow topically relevant content to be grouped together in a logical fashion. Among other benefits, taxonomies can provide a system for designating unique identifiers ... 276 (3d Cir. 2004); ATC Distribution Group, Inc. v. Whatever It Takes Transmissions & Parts, Inc., 402 F.3d 700 (6th Cir ... their trademarks. Once again, those reviews might satisfy the trademark use in commerce doctrine, leading again to messy and uncertain analysis. Indeed, trademark owners ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
13 Nov 10:24 am
... Airport in Burbank, California was rejected by the Federal Aviation Administration for being unreasonable because it would create an "undue burden on commerce" and negatively affect the national air transportation system. The FAA found that the airport failed to meet four of the ... US Airways Spent $410K Lobbying Government in 3Q. --- Associated Press, November 9, 2009. US Airways Group Inc. spent $410,000 lobbying in the third quarter. The carrier lobbied on the cap-and-trade energy proposal and ...
Aviation and Airport Development Law - http://www.aviationairportdevelopmentlaw.com/
13 Dec, 2008 4:00 pm
... whether there was reasonable support for his evaluation of factual questions. Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 615 (1980). Before issuing ... one hand; and the interest of the lender in recovering the value of its loans to borrowers who received the benefit of those loaned funds and continue to have a contractual obligation to repay, on the other ... Bank, 385 Mass. 715 (1982), and Zapatha v. Dairy Mart, Inc., 381 Mass. 284 (1980). Those cases dealt with alleged unfairness arising ...
Bay Area Real Estate Law Blog - http://www.sfbayrealestatelaw.com/
1 Nov, 2007 1:32 pm
... time after time since first losing this issue in Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992): (1) that the term "requirements" generally ... 's safety and effectiveness, it takes a broad public health view, balancing not just the risks and benefits that would be experienced by a particular patient, but the risks and ... place. PLAC br. at 22-24. Another amicus brief was filed by the Chamber of Commerce. Its main function is something after our own hearts - detailing for the court the FDA's ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
13 May 7:33 am
... 2009". If passed, it would overturn the Supreme Court decision, Riegel v. Medtronic, Inc., 128 S.Ct. 999 (2008), which held that under the express preemption clause of ... a more recent phenomena since the mid 1990s, after the Cipollone v. Liggett Group, Inc., 505 U.S. 504, 517, 112 S.Ct. 2608, 2618 ... much risk a patient should face when balanced with the potential benefits offered by their medical devices. Prior to the hearing, the Energy & Commerce Committee also published a letter asking the ...
Life Sciences Legal Update - http://www.lifescienceslegalupdate.com/
14 Dec, 2007 7:22 pm by Michael Stevens
... been interpreted as not requiring complete diversity. See, e.g., Dresser Indus., Inc. v. Underwriters at Lloyd's of London, 106 F.3d 494, 498-99 ... the ground that the government failed to prove that those robberies had a de minimis effect on interstate commerce as required by the Hobbs Act. He next challenges his sentence, arguing both that ... of Ohio at Dayton RONALD LEE GILMAN, Circuit Judge. PMI Food Equipment Group, Inc. closed its plant in Dayton, Ohio in 1995 and moved the operation to Piqua, ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
10 Mar, 2007 10:54 am by Michael Stevens
... OF KENTUCKY APPEAL FROM A JURY VERDICT CONVICTING ALEXANDER OF DIVERTING CHARITABLE GAMING FUNDS FOR FINANCIAL BENEFIT OVER $300. HE ARGUES INAPPROPRIATE AGGREGATION OF OFFENSES, VIOLATION OF HIS RIGHT TO COMPULSORY ... OF METH FOUND ON FERRY INDICATED DEALER, NOT USER. 10:45 am LIGGETT GROUP, INC. ET AL. VS COMMONWEALTH OF KENTUCKY ET AL. APPELLANTS ALLEGE THE ... .540. March 14, 2007, Wed., London, KY 9:30 am AMERICAN COMMERCE INSURANCE COMPANY VS GENELL HALL ET AL. UNDERINSURANCE/BAD FAITH/DEFAULT ...
Kentucky Cases - http://www.kycases.com/
7 Mar, 2008 10:01 am
... opinion finding that the Employer and its employees are subject to the RLA. Aircraft Services International Group, Inc., 33 NMB 200. The Board found that the unit employees provide a variety ... fueling operations, direct control by the carrier-composed consortium over labor and benefits costs because of its participation the Employer's budget process. Thus, finding the second ... Cullen issued his decision July 12, 2007. *** Foundation Coal West, Inc. (27-CA-20202, 20295; 352 NLRB No. 22) Gillette, WY ...
NLRB Law Memo - http://www.lawmemo.com/nlrb/memo/
29 Oct, 2008 12:00 pm
... What's actually going on in Levine is that the plaintiff simply disagrees with the FDA's risk/benefit assessment of IV push as a method of administering Phenergan. That's precisely what her lawyer told ... : PLAC, PhRMA/BIO, WLF/American College of Emergency Physicians, US Chamber of Commerce, DRI, the Generic Pharmaceutical Ass'n, and Chalfee, et al. The issues in ... Court buying such tripe. The Court rejected that argument in Cipollone v. Liggett Group, Inc., 505 U.S. 505, 521-22 (1992), and ignored ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
28 Apr, 2008 12:00 pm by Rebecca Rian
... share unit award that is made upon election to the Board. Director Tenure. Mr. Gutierrez, the former U.S. Secretary of Commerce, is the newest director. He was elected a UTC director in February 2009. Mr. David has the longest tenure, having served on ... also a director of United States Steel Corporation, Marathon Oil Corporation, The Procter & Gamble Company and The DIRECTV Group, Inc. Ms. Whitman, a director since 2003, is also a director of Texas Instruments Incorporated, S.C. Johnson & ...
The Race to the Bottom - http://www.theracetothebottom.org/home/
18 Sep, 2008 4:41 pm by Lee Gunn
Taxpayers now own 80% of American International Group, Inc., as a result of an $85 billion "bridge" loan. The insuring public deserves to know the cause and that those responsible for this financial disaster are held ... is, at its core, a holding of premium dollars in trust for the benefit of the policyholders. By pooling the financial risks of society, insurers facilitate the orderly funding of health care, risks of commerce, and the compensation of those damaged by natural disasters and negligence ...
Gunn Law Blog - http://gunnlawblog.typepad.com/gunn_law_blog/
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