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20 Nov, 2007 10:23 am by Michael Smith
... - turns out there was another jury verdict in a patent case on Thursday, this time in Power-One, Inc. v. Artesyn Technologies, Inc., tried before Magistrate Judge John D. Love in Marshall. The case was filed in Marshall and assigned to Judge Davis - the parties apparently consented to trial before ... with jury selection 11/6. The verdict came in Thursday, and the jury found one patent infringed and one not, neither patent was proved by clear and convincing evidence to be invalid, ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
22 Sep 9:46 am by WIMS
... said additionally, "With regard to air pollution, particularly greenhouse gases, this case occupies a niche similar to the one Milwaukee I occupied with respect to water pollution. With that in mind, the concluding words of Milwaukee I have an eerie resonance ... harm. Today's decision opens the way for citizens to protect themselves from the polluters responsible for global warming. Power companies that release millions of tons of dangerous carbon pollution are not above the law." Also, David ...
Environmental - Appeals Court - http://environmentalappealscourt.blogspot.com/
17 Apr, 2007 9:00 pm by George Socha
... top management priorities, we are very excited to work with ISVs like AXS-One," said Greg Urquhart, who leads Microsoft's ISV business." Their deep ... enable powerful solutions that allow customers to meet today's business demands and position them for continued success." About AXS-One AXS-One Inc. (AMEX ... AXO) is a leading provider of high performance Records Compliance Management solutions. The AXS-One Compliance Platform enables organizations to implement secure, scalable and enforceable policies ...
In Re Discovery - http://sochaconsulting.com/inrediscovery
6 Dec, 2007 2:47 pm by Eric
By Eric Goldman Biosafe-One, Inc. v. Hawks, 2007 WL 4212411 (S.D.N.Y. Nov. 29, 2007) This case involves competitors in the septic system cleaning products business (a topic of apparent personal interest to ... (please email me if I'm forgetting something). Removing the plaintiff's ability to seek extra-judicial recourse is a pretty powerful remedy, making it a potentially very useful tool to combat takedown notice abuses. Perhaps this will become standard relief sought ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
28 Apr 6:39 am
... Pearl Harbor,'' said his $5 billion investment in Goldman Sachs Group Inc. is an endorsement of the Treasury's $700 billion bank rescue plan. "I am betting ... least conceptually problematical, though effected in one way or another. Where a state acts as a participant within the territory in which its sovereign power is greatest, it may be impossible to separate the public ... Mobil Corp., ATT &T, Chevron Corp., Pfizer, Inc., Wal Mart Stores, Inc. and Annheuser-Busch. Id. 309 Marla Brill, The Ethical ...
Law at the End of the Day - http://lcbackerblog.blogspot.com
3 Feb, 2008 10:42 pm by Naureen Amjad
... statement, along with those of the board. Shareholders derive their primary power from their right to vote. Currently it is one of a reactive nature, allowing shareholders to react to the nominees presented ... bringing forth their own. Cases like Stahl v. Apple Bancorp, Inc.[37] provide a key example of a board simply working around shareholders' desires, ... L. Rev. 1735 (2006). [3] Lucian Bebchuk, Case for Increasing Shareholder Power, 118 Harv. L. Rev. 833 (2005); Letting Shareholders Set the Rules ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
18 Sep, 2008 6:01 pm by Christopher HOPKINS
... nursing home law or arbitration, these cases are important since they are interpreting very common durable powers of attorney. A result-oriented decision in one of these long term care cases could skew interpretation of those documents for future ... and Paul John Prybylski v. Deborah Moots, as Personal Representative of the Estate of Ethelwin A. Crisson; ACMC-CNH, Inc.; Senior Management Services, Inc.; and Kimberly Ann Gibb (as to Carrington Place). As that is pretty unwieldy, we'll refer to it as ...
Florida Arbitration Law . com - http://FloridaArbitrationLaw.com/blogs/index.php?blog=5
21 Sep 3:23 am by Lawrence B. Ebert
... or less probable than it would be without the evidence). On the topic of contributory infringement: Contributory infringement imposes liability on one who embodies in a non-staple device the heart of a patented process and supplies the device to others to complete the ... on appeal is that an inventor of the '021 patent made a false statement in a declaration when he distinguished low-powered prior art blenders as incapable of forming air pockets around the blades. In response to a prior art ...
IPBiz - http://ipbiz.blogspot.com
25 Aug, 2008 10:27 am
... ,589 (July 8, 2008). They unearthed a fantastic Learned Hand quote: It must be obvious to every one familiar with equitable principles that it is inequitable for the owner of a copyright, with full notice of an intended infringement, to stand inactive ... (the defendant seeking to contract it)."). However, we remain mindful of the Fourth Circuit's invocation of separation of powers principles which counsel against the use of "the judicially created doctrine of laches to bar a federal statutory claim ...
Litigation and Trial - Max Kennerly - http://www.litigationandtrial.com/
27 Apr 5:31 am
... captured in the Santiago Principles. Both are problematic as either as concept or in application. This paper looks closely at one example of this rising phenomenon-the socially responsible sovereign wealth fund. It focuses on a close review of ... much press coverage.272 It is, in this case, acting as a private investor in markets outside of its territory--that is outside of its power to regulate. It is because the investment is undertaken both (1) in the ordinary course of such investment (that is ...
Law at the End of the Day - http://lcbackerblog.blogspot.com
5 Oct, 2008 10:30 pm by Michael Stevens
... , the separation of powers doctrine, and the prohibition against arbitrary power contained in Section 2 of the Kentucky Constitution, Louisville Peterbilt, Inc. v. Cox, 132 S.W.3d 850 (Ky. 2004), notwithstanding. The ... does not provide for judicial review. The level of judicial review provided is consistent with the underlying purposes of arbitration generally, one of which is to avoid the time and expense involved with courtroom litigation; is authorized by Section 250 of the Constitution; and, ...
Kentucky Cases - http://www.kycases.com/
5 Jul 8:31 am by WOLFGANG P. HIRCZY DE MIÑO
... Partnership Act will preclude the recognition of a partnership, and even conclusive evidence of only one factor will also normally be insufficient to establish the existence of a partnership under TRPA. However ... numerous communications with the court that entered default judgment on no-show) DOLGENCORP OF TEXAS, INC., D/B/A DOLLAR GENERAL STORE v. MARIA ISABEL LERMA, INDIVIDUALLY ... trial court. We review a grant of summary judgment de novo. Tex. Mun. Power Agency v. Pub. Util. Comm'n of Tex., 253 S.W ...
The Jefferson Court Blog - http://texas-opinions.blogspot.com/
3 Mar, 2008 6:00 am by Kimberly A. Kralowec
... 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 ... 17200." (California Medical Assn. v. Aetna U.S. Healthcare of California, Inc. (2001) 94 Cal.App.4th 151, 169.) To forestall an action under ... estate lending powers, including severely altering [its] duties and obligations to the secondary market. . . . It would also be costly and difficult for Wells Fargo to have one interest ...
Tags: prong, Fraudulent, UCL
The UCL Practitioner - http://www.uclpractitioner.com/
21 Nov, 2008 7:59 pm
... S tax status by transferring his shares to a non-qualified person or entity is one of the very rare instances in which a minority shareholder, acting solely in that capacity, has ... F.3d at 6-7, citing Wilkes v. Springside Nursing Home, Inc., 370 Mass. 842, 353 N.E.2d 657, 663 (Mass. ... control the corporation's relationship to its other shareholders, and the minority shareholder use of that power will be subject to fiduciary duties if it infringes on the ownership rights and interests of the other ...
Shareholder Oppression - http://blog.shareholderoppression.com/
8 Jul, 2007 3:03 pm by Big Tent Democrat
... to accede to information requests from the Congress and the resulting subpoenas that have been issued, it is worthwhile to review the powers of the Congress in this regard. Fortunately, in 2003, the Congressional Research Service produced a handy report on the subject: ... General Thornburgh to provide the committee with access to all documents regarding a civil dispute brought by Inslaw, Inc., a computer company. Inslaw charged that high-level officials in the Justice Department conspired to force ...
TalkLeft: The Politics of Crime - http://talkleft.com
24 May, 2008 9:01 am by bspcn
... Self Destruct. Duly noted. 11. Christina Aguilera The Chameleon Christina Aguilera is one of the most successful female recording artists of the decade. She has had 18 ... everywhere are breaking the bank - and that's pretty damn powerful. 9. Bono The Global Ambassador If there is one person who fully demonstrates that activism and celebrity ... endorsements (namely with Elizabeth Arden), and now a blossoming film career (War, Inc.), all while avoiding the controversies of sex-tapes and DUIs. This 20-year ...
Life of a Law Student: All Feeds - http://www.lifeofalawstudent.com
18 Jan 6:51 am
... months later in September of 2008 the 2d DCA basically reversed itself, ruling in Jaylene, Inc. v. Moots that a general grant of authority in the DPOA was all you need. My guess ... the benefit of my attorney-in-fact. The POA listed seventeen paragraphs specifying the powers of the attorney-in-fact, one of which stated that the attorney-in-fact was authorized to: "Prosecute, defend and settle ... 2d DCA's Jaylene opinion: [W]e find persuasive Jaylene, Inc. v. Moots, 2008 WL 4181140 (Fla. 2d DCA Sept. 12, ...
Florida Probate Litigation - http://www.flprobatelitigation.com/
... did sign up, in large outages companies don't have the ability to restore power to one home before another down the street. The lists may offer false ... contrast, this is the advice from Idaho's Public Utilities Commission: "If someone has a power requirement for life and health, the individual is responsible for coming up with their own ... limit sharing, cautioned Bill Desmarais, a co-owner of Home Care Specialists Inc. in Haverhill, Mass., which had about 800 oxygen-dependent customers using back- ...
Brain Damage Blog - http://tbilaw.blogspot.com/
12 Oct 3:06 pm by The Complex Litigator
... themselves. Without quoting the many pages of discussion about the frivolous nature of the many objections asserted by defendants, the Court, at one point in the opinion writes, "Can this be serious? Can counsel see themselves rising at trial with those ... a motion for summary judgment/adjudication. The Court ends its opinion by reminding trial courts that they possess inherent power to correct abusive summary judgment filings: The deficiencies in summary judgment papers can appear in a variety of ...
the complex litigator - http://www.thecomplexlitigator.com/
14 Oct 11:19 am by J.W. Verret, guest-blogging
... next year. For now, here are some basic rules: i) control is exclusive, a corporation may only have one control shareholder, ii) control is usually present for majority shareholders, unless the board has staggered terms (like the U.S. ... indicating control for sub-majority shareholders could include percentage of holdings, special contractual rights, concurrent status as a powerful creditor, or actual exercise of control such as holding corporate office. With that, let's turn to the question of ...
The Volokh Conspiracy - http://volokh.com/
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