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21 Oct, 2008 11:58 am by Michael J. Hassen
... 318, 322 (5th Cir. 2008). The allegations underlying the class action were that the Bank decided to "implement[] a plan to consolidate the trust management activities of other banks it had acquired" and led class members to believe that "their ... machines to another; a fax is deemed to be an "unsolicited advertisement" if it advertises "the commercial availability or quality of any property, goods, or services" and is sent without "prior express invitation or permission." BioPay , at 322 (citation ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
18 Nov, 2008 8:16 pm
... banks, savings associations, and certain bank and savings and loan holding companies engaged solely or predominately in financial activities permitted under the relevant law." ... Standard Terms, the financial institution shall not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, ... w/Warrants $16,369,000 at Par 11/14/2008, UCBH Holdings, Inc., San Francisco CA: Purchase Preferred Stock w/Warrants $298, ...
Tags: Corporate
Law at the End of the Day - http://lcbackerblog.blogspot.com
9 Oct, 2006 5:12 pm
... default judgment and remanded the proceeding to the Regional Director for further appropriate action. The consolidated complaint alleges that Respondents Metro, Circle, World Class, and Phantom are a single ... execute a written contract embodying the agreement reached on or about Aug. 25, 2004, with NYP Holdings, Inc. (Members Schaumber, Kirsanow, and Walsh participated.) Charges filed by NYP ... Evans issued his decision Jan. 23, 2006. *** Wal-Mart Stores, Inc. (16-CA-20391-1, et al., 16-RC-10181; 348 ...
NLRB Law Memo - http://www.lawmemo.com/nlrb/memo/
17 Sep, 2007 10:14 pm
... Holding Corporation and Planned Building Services, Inc., and AM Property Holding Corporation and Servco Industries, Inc., respectively, were joint employers of the maintenance employees at a ... Law Judge George Carson II issued his decision Aug. 28, 2006. *** Consolidated Bus Transit, Inc. and Teamsters Local 854 (2-CA-34661, et al., ... on Progressive Transportation Services, 340 NLRB 1044 (2003) and Mountaineer Park, Inc., 343 NLRB 1473 (1474-1475) (2004), both cases where supervisors similarly made ...
NLRB Law Memo - http://www.lawmemo.com/nlrb/memo/
30 Apr, 2008 1:08 pm
... the scope of liability under New York Labor Law section 240(1). In Sanatass v. Consolidated Investing Company, Inc., 2008 WL 1817261 (N.Y. 2008), a divided court held that a property owner is liable for a Labor Law section 240(1) ... and 241(6). Consolidated successfully moved for summary judgment, and the Appellate Division affirmed, holding that Consolidated could not be held liable because the installation was performed without its consent and in violation of the lease. The ...
Business and Technology Law - http://www.scottandscottllp.com/main/blogindex.aspx?id=158
26 Feb, 2007 1:04 pm by George Socha
... or 10 cents per diluted share). The investment gain in both years relates to the issuance of stock by DealerTrack Holdings, Inc., an unconsolidated investee accounted for on the equity method. Results of operations for the year ended Dec. 31, 2005 ... government regulations; the degree and nature of the company's competition; increases in the company's expenses; continued consolidation among the company's competitors and customers; unanticipated technological changes and requirements; the company's ...
In Re Discovery - http://sochaconsulting.com/inrediscovery
21 Sep 9:07 am
... Ǻs Sivborg, Benoît Battistelli, Roland Grossenbacher, Jesper Kongstad (Intellectual Property Watch) (BLOG@IP::JUR) 'Troll Tracker' defamation suit - trial underway: ... between "MANGO adorably" and ADIORABLE: Parfums Christian Dior v OHIM - Consolidated Artists (Class 46) (Class 46) CFI finds likelihood of confusion between ... found to be inconsistent with its own claim construction: Vita-Mix Corp v Basic Holding, Inc (Gray on Claims) CAFC guidance on standard from preliminary injunction in patent cases ...
IP Thinktank - http://duncanbucknell.com/blog
21 Apr, 2008 11:52 am
... is reversed and remanded where: 1) the district court improperly converted the motion for return of property into a motion for summary judgment, and then decided the issue in an ad hoc ... .S. 9th Circuit Court of Appeals, April 16, 2008 In re: AFI Holding, Inc., No. 06-55033, 06-55070 In bankruptcy proceedings involving a bankrupt ... April 17, 2008 People v. Carpenter, No. 103616, 103856, 103857cons. In consolidated cases arising from instances where defendants had vehicle air bag compartments which ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
24 Nov 10:30 am by Lucas A. Ferrara, Esq.
... urges. II Turning now to the merits, petitioners first contend that the determination authorizing the condemnation of their properties for the Atlantic Yards project is unconstitutional because the condemnation is not for the purpose of putting their properties to ... Legislature considered potential alterations. An amendment threatening to lengthen judicial review was unsuccessful, while a measure to consolidate Eminent Domain Procedure Law and SEQRA review was adopted. First, in 1980 Governor Carey ...
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
30 Sep 11:20 am
... public nuisance under federal common law, resulting in various current and future injuries to plaintiffs' residents and property. They sought injunctive relief requiring defendants to abate the nuisance by first capping their CO2 emissions and then reducing those emissions by a fixed percentage each year. Justiceability In a consolidated action, the district court dismissed all the plaintiffs' claims on the ground that they presented a non-justiceable political question. ...
Real Estate and Construction Law Blog - http://www.realestateandconstructionlawblog.com/
20 Dec, 2008 3:00 am
... of origin and protected geographical indications (Class 46) Court of First Instance, consolidating four appeals, annuls decisions of Board of Appeal and awards costs to Budvar in ... národní podnik v Office for Harmonisation in the Internal Market, Anheuser-Busch, Inc (IPKat) (Law360) Memo to EPO examiners: the patent quality debate has to be full, ... BPAI Rules on hold (Daily Dose of IP) (Hal Wegner) Committee puts out national patent jury instructions (Law360) (Chicago Intellectual Property Law Blog) ...
IP Thinktank - http://duncanbucknell.com/blog
13 Feb 8:00 am
... : cheese and wine (Class 46) Finland Supreme Administrative Court of Finland holds that slogan YRITYKSILLE JOTKA VAATIVAT ENEMMÄN (translation: 'for companies, who demand more') does ... ) Decline of university patenting and the end of the Bayh-Dole effect (Intellectual Property Watch) Consolidated glossary of US patent classification terms (Patent Librarian's Notebook) ... may not be denied: Ratner v M&M Control Serv., Inc (Chicago Intellectual Property Law Blog) District Court N D Illinois: Patent ...
IP Thinktank - http://duncanbucknell.com/blog
... SPEs' assets, continuing to pay interest and maintaining the properties. Judge Gropper distinguished the use of cash collateral from "substantive consolidation," explicitly stating, "we are not substantively ... seen how courts may apply the General Growth precedent in situations involving SPEs holding other types of assets. There is reason to think that, while a court might permit ... Inc., Case No. 09-11977 (ALG) (Bankr. S.D.N.Y. Apr. 16, 2009). Footnote: [1] See Christopher Scinta, General Growth ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
7 Mar, 2008 2:00 am
... IP), (Afro-IP), Analysis of Microsoft's open arms: (Innovationpartners) Intellectual Property Watch discussion forum: Should the International Standards Organisation approve the Microsoft OOXML ... High Court defines new 'IT basic law' curbing online searches: (Intellectual Property Watch), Polar bear trade mark mania - 41 Flocke trade mark ... results: (IPKat), (Class 46), (Out-Law), Public consultation on the modernization and consolidation of Trade Marks Rules: (Class 46), (Out-Law), (IPKat), Phorm's ...
IP Thinktank - http://duncanbucknell.com/blog
20 May, 2008 10:27 am by Marcia Oddi
... Whether the trial court abused its discretion in denying the Hoesmans' motions to amend their complaint and their motions to consolidate this suit with a prior related suit. Daniel Sheffler, Julia's husband and a defendant in this suit, also ... trial court erroneously found that the Doddses have failed to establish title to a portion of their driveway encroaching on the appellees' property by adverse possession or a prescriptive easement. Finding no error, we affirm." Wayne E. Sinn v. Pen Products ...
The Indiana Law Blog - http://indianalawblog.com/
11 Jul, 2008 4:30 am
... Daiichi Sankyo's patent infringement suit against Mylan Pharmaceuticals over Azor consolidated with another dispute between the companies over related drug Benicar: (IP Law360), ... patent court: (Managing Intellectual Property), Microsoft tells CFI €899M antitrust fine too steep: (Ars Technica), CFI holds that standing is not really a requisite ... malicious prosecution, unfair competition and antitrust claims: Fisher Tools Co, Inc v Gillet Outillage: (IP Law Observer), (IP Law360), Google - Google ...
IP Thinktank - http://duncanbucknell.com/blog
25 Oct, 2008 12:18 am
... (Patent Docs) (Daily Dose of IP) Patent lawsuits hold steady (Technological Innovation and Intellectual Property) Proper scope of International Trade Commission (ITC) remedies after ... cigars made from Cuban seed tobacco: Corporacion Habanos SA v Anncas, Inc (The TTABlog) GOTHAM BATMEN strike out: TTAB finds fraud, sustains opposition ... three-stripe mark (Law360) Bank of America - Federal judge decides against consolidating Bank of America's declaratory judgment suit over 'Keep the Change' program ...
IP Thinktank - http://duncanbucknell.com/blog
26 Jan, 2007 8:40 am by Meg
... Chevron received additional assessments including the severance taxes, interest and increased ad valorem taxable value of the properties. After appeal, the Board upheld the Department's determinations but ordered that interest accrue only from the ... altering the language of Rule § 4b, thereafter treated royalties and taxes as direct costs of producing. Consolidated appeals arose in the midst of this administrative about-face. Ultimately, Taxpayers argued that the Board misinterpreted Wyo. Stat. Ann ...
Law Library Letter - http://wyolawlibrary.blogspot.com/index.html
12 Oct, 2007 3:36 am by Meg
... ' predecessors in interest conveyed 120 acres in Campbell County to Appellee Consolidation Coal Company (Consol). Even though the federal government owned the coal underlying the property and Consol did not have a right to mine ... Court to consider the other requirements for a covenant to run with the land or the other arguments presented by the parties in the case. Holding: The Court held that the district court properly granted judgment as a matter of law to the Appellees. The plain language of ...
Law Library Letter - http://wyolawlibrary.blogspot.com/index.html
... (2)(B). "Affiliate" is also defined as including an "entity that operates the business or substantially all of the property of the Debtor under a lease or operating agreement." 11 U.S.C. § 101(2 ... of which were never performed, be disregarded as a sham. See Staats v. Butterworth Properties, Inc. (In re Humble), 19 Fed.Appx. 198, 2001 WL 1006148 ( ... In re Icarus Holding, LLC, 391 F.3d 1315, 1321 (11th Cir.2004). Some bankruptcy courts have even permitted substantive consolidation of Debtor corporations ...
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
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