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14 Jan, 2008 6:00 am
... last month, includes several recently-filed sales tax cases that are worth watching by businesses and their tax advisors. What follows is a synopsis of some of those cases
... exempt. Whether denying the exemption violates equal protection." Minyard Food Stores, Inc. v. Compt., et al. This is a protest lawsuit
filed on November 8, 2007, ... Whether Plaintiff should receive a credit or refund for a variety of transactions." Office Depot, Inc. et al. v.
Combs, et al. This is a protest and refund lawsuit ...
2 Nov 5:50 am
... the Beaver County Court of Common Pleas issued an opinion in Orlowski v. Magg's, Inc., PICS Case No. 09-1822(C.P. Beaver Oct. 27, 2009, ...
bowling alley floor and the beige ceramic tile bathroom floor. Also there was a "Watch Your Step" sign posted outside of the restroom. Furthermore, during her deposition, the ...
Judge Kwidis of the Beaver County Court of Common Pleas found that the plaintiff had a duty to watch where she was going and that the landowner had no duty is owed to protect
invitees from ...
18 Nov 9:50 am
... self-contained machine can be difficult for a company -- let's call it Hades, Inc. -- to track and easy for an individual employee to get
rid of, life with Cerberus is akin ... content. However, even if the message is deleted, a search and production of Hades, Inc. e-mails to the opposition may still reveal that Vice President Joe received ... they can be more aware of how best to ensure that Vice President Joe's
voicemail will escape the watchful eye of Cerberus, cross the river Styx, and get produced ...
1 May, 2008 8:33 am
... web sites such as that of the county sheriff. Residents also may sign up for e-mail alerts when a registered sex offender moves into their
area. Counties ... rapists are returned to prison for committing another rape. (8% of 28%) The statement by Watch Systems, Inc. that
"50% of sex offenders re-offend," clearly implies that 50% of registered ... 3-4). (Read a detailed analysis of sex offender recidivism in New York State) Watch Systems' online
presentation also states: "More than half of rape/sexual ...
2 Jun, 2008 4:15 pm
... web sites such as that of the county sheriff. Residents also may sign up for e-mail alerts when a registered sex offender moves into their
area. Counties ... rapists are returned to prison for committing another rape. (8% of 28%) The statement by Watch Systems, Inc. that
"50% of sex offenders re-offend," clearly implies that 50% of registered ... 3-4). (Read a detailed analysis of sex offender recidivism in New York State) Watch Systems' online
presentation also states: "More than half of rape/sexual ...
22 Dec, 2008 10:30 pm
... of being granted. (Thanks to Kristina Moore for assistance in collecting the filings for the list.) To access previous editions of Petitions to Watch, visit our archives on
SCOTUSwiki. Issues on our current list include the extent of Iraq's sovereign ... curiae of Food Marketing Institute, et al. (in support of petitioner) Brief amicus curiae of Rexall
Sundown, Inc. (in support of petitioner) Brief amicus curiae of United States (recommending denial of certiorari) Supplemental brief of
petitioners ...
18 Sep, 2008 8:56 pm
... Court's paid docket that Tom has deemed to have a reasonable chance of being granted. To access editions of Petitions to Watch from prior terms, visit our archives here on
SCOTUSwiki. Issues raised in our current list include district ... of Association of American Railroads (in support of petitioner) Brief amicus curiae of Product Liability Advisory
Council, Inc. (in support of petitioner) Brief amicus curiae of International Association of Defense Counsel (in support of petitioner) Brief
amicus ...
31 Oct, 2008 12:23 pm
... the time of the seizure. U.S. v. Able Time, Inc., --- F.3d ----, 2008 WL 4350027 (9th Cir. Sept. 25, 2008). Able Time imported a ... were
labeled with the mark "TOMMY," a registered trademark of Tommy Hilfiger Licensing, Inc. Hilfiger did not make watches at the time of the
seizure. However, it owned a U.S. trademark ... the imposition of a fine upon any person who imports merchandise that is seized under § 1526(e). The district court concluded on summary judgment that, because Tommy Hilfiger did not ...
7 Feb, 2007 9:48 pm
... of issue certification that effectively abolishes predominance sub silentio. 5. §2.03, Comment e - This comment endorses "creative"
procedural arrangements and hypothetical "trial plans" over actually ... , however, involves "the quantifiable costs of periodic medical examinations." Redland Soccer Club,
Inc. v. Department of the Army, 696 A.2d 137, 144 (Pa. 1997). That's a ... (S.D. Tex. 2006); O'Neal, v. Wackenhut Services, Inc., 2006 WL 1469348, at *22 (E.D. Tenn. May 25, 2006); In re Chevron Fire ...
2 May, 2008 1:03 pm
... of New York dhess@rochester.rr.com There is money to be made off of sex offenders. Consider Watch Systems, Inc., a Louisiana based
company, which sells their Offender Watch ... local web sites such as that of the county sheriff. Residents also may sign up for e-mail
alerts when a registered sex offender moves into their area. Counties pay ... ,691) were reconvicted for a sex crime within the 3-year followup period. I e-mailed Watch Systems and asked them for the source of their 50% recidivism figure. I ...
12 May, 2008 2:54 am
... his colleagues that not including dates on blog posts is really annoying.) The first installment in the Watch Your Language series suggests "Say What You Mean, Precicely
[sic], or a Judge will ... and utlity replacements, provided tenant keeps up maintenance." Because "i.e" means "that is" while "e.g." means "for example" and the roof was not listed, the court ruled ... recent Ohio decision of Atelier District, LLC v. Parking Company of America,
Inc., 2007 Ohio 7138, 2007 Ohio App. LEXIS 6258 (10th App. ...
17 Oct, 2007 7:10 am
... Faber, Inc., 2007 WL 2823691 (S.D.N.Y. Sept. 27, 2007), involved an enterprise in the business of buying and selling premium watches
that had ... disagreed as to whether the injunction entered in the case should outright prohibit sales of altered watches or permit such sales so long as J & P added another
... plaintiff brand owners argued that the court could rule on a motion for summary judgment (i.e., without holding an evidentiary hearing)
that addition of an independent mark would not adequately ...
3 Jul, 2008 11:55 pm
... to the YouTube logs after Viacom Inc. and other copyright holders argued that they needed the data to show whether their
copyright-protected videos are more heavily watched than amateur clips. The data would not be publicly released but disclosed only to the plaintiffs ... more than one person uses
a computer. Further, several individuals may also use the same e-mail address. In a statement, Google said it was "disappointed the court
granted Viacom's overreaching demand for ...
7 May, 2008 7:11 am
... Tom has deemed to have a reasonable chance of being granted. To access previous editions of Petitions to Watch, including the lists for the upcoming conferences of May 8 and
15, visit our ... 's reply __________________ Docket: 07-1214 Case name: Rosenruist-Gestao E Servicos LDA v. Virgina Enterprise Limited Issue:
Whether, under 35 U ... in opposition __________________ Docket: 07-1216 Case name: Philip Morris USA, Inc. v. Williams Issue: Whether the
Supreme Court of Oregon, on remand from the Court's ...
14 Apr 6:12 pm
... Law has obtained the memo announcing the news: [W]e have been monitoring our capacity as a firm and watching the markets closely.
While our overall business ... program, we have partnered with our pro bono client, New Profit Inc. ([www.newprofit.com]), and Commongood
Careers ([www.cgcareers.org]), a search firm focused on the nonprofit ... program, we have partnered with our pro bono client, New Profit Inc.
(http://www.newprofit.com/), and Commongood Careers (http://www.cgcareers.org/), a search firm ...
22 Apr, 2008 6:43 am
... in principle, or "letter of intent (LOI)" is signed which details agreed basic terms (e.g. price, payment terms) but conditions the
parties' obligations on preparing/executing a ... an enforceable contract is created. Arnold Palmer Golf Co. v. Fugua Industries, Inc. 541 F.2d
584 (6th Cir. 1976); Normandy Place Assoc. ... them, from and after the Effective Date …" would be in order. The simple moral of this story: "Watch your language with Letters of
Intent". If the LOI for your transaction "does not fit ...
25 Dec, 2007 8:57 pm
A new American case from earlier this year sheds some insight into e-mail privacy and attorney-client priviledge. Background In Scott v Beth
Israel Med. Ctr. Inc., the plaintiff was a physician and former employee of the ... holding in this case ignores the legislative intent… and
the legitimate expectation of confidentiality the plaintiff had regarding e-mail communication with his attorneys. Any other conclusion
fundamentally weakens the attorney client privilege by eroding ...
30 Jun, 2008 12:47 pm
... fixtures, as a general rule, may be removed by the tenant during its lease term." Jim Skiffey and Associates, Inc. v. Rosenberger, 1991
Ohio App. Lexis 1468 (11th Dist.). In Household Finance Corp. v. The ... HVAC systems, equipment which is secondary to the existing premises HVAC, and easily removable without
substantial damage (e.g. unbolting from roof) has been held to be tenant personal property or "trade fixtures", based on "presumed intent." See
Cozmyk Enterprises, Inc. v. Robert L. Hoy, 1997 ...
13 Aug 5:49 pm
... for paralegals to keep up with today's rapidly-evolving litigation technology, including the excellent e-discovery resources available at
Fios, Inc. I registered for a free account, in part to access the also free webcasts on demand at the Fios ... discovery portion of a civil
litigation class, or to assign students to watch for homework (sorry, student readers, I used to teach litigation classes for paralegals). So, in review, this e-discovery webcast is informative, free and convenient. (And, no, ...
9 Jul, 2008 6:40 am
... U.S.C. § 101 et seq.) by defendants YouTube and Google Inc., who own and operate the video-sharing website known as "YouTube.com". (Slip
op., ... "Logging" database, that contains, for each instance a video is watched, the unique "login ID" of the user who watched it, the time when the user started to
watch the video, the internet protocol address other ... concerns have been front and center since the issuance of the Order. (See, e.g., Rob Pegoraro, Court Invites Viacom to Violate YouTube Users' Privacy ...
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