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1 Mar 2024, 11:01 am by Dennis Crouch
Retail Decisions, Inc., 654 F.3d 1366 (Fed. [read post]
., Inc.), California courts have used the state’s supposed overriding interest in PAGA cases to invent a host of novel rules, nearly all of which redound to the benefit of plaintiffs. [read post]
23 Feb 2024, 12:34 pm by John Elwood
” Willett again dissented, maintaining that “[t]he novel ‘negligent protest’ theory” is foreclosed — squarely — by the Constitution and precedent. [read post]
16 Feb 2024, 2:16 am by Eleonora Rosati
Code § 103).While AI has undeniably contributed to significant technological advancements, the current legal framework does not explicitly address whether AI can be considered a PHOSITA (Thales Visionix Inc. v. [read post]
13 Feb 2024, 9:05 pm by renholding
”[8]  Yet the possibility that some courts might follow Gorsuch’s vision of what counts as a “major question” is one of the driver’s of litigation against the Gensler SEC’s final rules, with the doctrine cited in briefs in industry challenges to rules governing Private Funds, premised in part on the idea that the authority claimed by the SEC is “novel. [read post]
5 Feb 2024, 9:07 pm by Dan Flynn
They already gained approvals from the  Food and Drug Administration (FDA) and USDA’s Food Safety and Inspection Service (FSIS) for selling cultivated meat from Good Meat Inc. and Upside Foods. [read post]
25 Jan 2024, 2:51 pm by Kevin LaCroix
Accordingly, as 2024 gets underway, we take this opportunity to discuss several decisions from the past twelve months, which deal with important issues, both novel and perennial, related to Section 533’s scope. [read post]
25 Jan 2024, 6:32 am by Daniel J. Gilman
Tanking the Illumina/Grail merger seemed the wrong one, although it’s worth noting that the FTC’s case was based on an established theory of harm and did not depend on anything terribly novel from, e.g., the new merger guidelines or the FTC’s expansive (if not downright fanciful) Section 5 statement. [read post]