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On Amending Rule 702 of the Federal Rules of Evidence
17 Oct 2015, 5:29 am by Schachtman
In re Paoli RR Yard PCB Litig., 35 F.3d 717, 745 (3d Cir. 1994). [read post]
Tortini - http://schachtmanlaw.com/blog/
Heedless Heeding Presumptions – How New York Law Became a Morass
8 Oct 2015, 5:00 am
Caraco Pharmaceutical, Inc., 670 F. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
Preliminary Thoughts on Cross-Border Data Requests
28 Sep 2015, 6:00 am by David Kris
Today, for reasons both technological and political, there is an increasing divergence and growing conflict between U.S. and foreign laws that compel, and prohibit, production of data in response to governmental surveillance directives.[1][2]  Major U.S. telecommunications and Internet providers[3] face escalating pressure from foreign governments, asserting foreign law, to require production of data stored by the providers in the United States, in ways that violate U.S. law.[4]  At the… [read post]
Lawfare - http://www.lawfareblog.com/
“GE” : A Recipe With Surprise Ingredients — Start With A Basic Food Industry Base, But Then Add A Sprinkle Of Constitutional Law, And Wait To See If It Boils Into Federal Preemption
21 Sep 2015, 10:27 am by Kristen E. Polovoy
Ass’n, 131 S. [read post]
Ahead of the Class - http://classactionblog.mmwr.com
“GE” : A Recipe With Surprise Ingredients — Start With A Basic Food Industry Base, But Then Add A Sprinkle Of Constitutional Law, And Wait To See If It Boils Into Federal Preemption
21 Sep 2015, 10:27 am by Kristen E. Polovoy
Ass’n, 131 S. [read post]
Ahead of the Class - http://classactionblog.mmwr.com
Summaries Sunday: SOQUIJ
23 Aug 2015, 4:00 am by Administrator
Cela n’est pas suffisant pour satisfaire au critère du préjudice irréparable (Construction Louisbourg ltée c. [read post]
Slaw - http://www.slaw.ca
How To Handle Homeopathy?
11 Aug 2015, 11:16 am
United States, 447 F. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
Environmental Case Law Update (March – June 2015) ~ Part I
28 Jul 2015, 1:34 pm by Anthony B. Cavender
§ 7412(n)(1)(A)—to impose the requirements of these new rules on these utilities. [read post]
Gravel2Gavel Construction Law Blog - http://www.gravel2gavel.com/
"The Wisconsin Supreme Court is expected on Thursday to make public a decision on whether a criminal investigation into coordination between conservative groups and Gov. Scott Walker’s 2012 campaign may continue." UPDATE: Court ends the investgation.
16 Jul 2015, 7:25 am
Election Comm'n v. [read post]
Althouse - http://althouse.blogspot.com/
Second Circuit Casts Doubt on Viability of Off-Label Claims in Device Cases
15 Jun 2015, 1:50 pm
"); In re Zyprexa Prods. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
Sixth District Applies CEQA’s “Fair Argument” Standard, Holds That Despite Project’s Compliance With Local Noise Ordinance, EIR Rather Than Mitigated Negative Declaration Is Required Based On Factual, Non-Expert Evidence Of Noise And Traffic Safety Impacts
12 May 2015, 12:51 pm by Arthur F. Coon
The Court of Appeal’s Application Of The “Fair Argument” Test The Court of Appeal observed that CEQA provides no “ironclad definition” of what constitutes a significant effect and that “[i]f there is disagreement among expert opinion supported by facts …. the Lead Agency shall treat the effect as significant and shall prepare an EIR” (citing 14 Cal. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Biogen loses appeal at CAFC related to Interference No. 105,939 (Walter Fiers: U.S. Patent Application No. 08/253,843 )
7 May 2015, 11:21 am by Lawrence B. Ebert
Olmarker, 753 F.3d1220, 1223 n.1 (Fed. [read post]
IPBiz - http://ipbiz.blogspot.com/
A Rebuttal to the Reckless Misrepresentation of Federal Medicaid Trust Law by the Office of Medicaid in Massachusetts
5 May 2015, 3:26 pm by Brian E. Barreira
” In re Shurley, 115 F.3d 333 (5th Cir. 1997), citing G. [read post]
Massachusetts Estate Planning, Probate & Elder Law - http://elderlaw.info/
A Rebuttal to the Reckless Misrepresentation of Federal Medicaid Trust Law by the Office of Medicaid in Massachusetts
5 May 2015, 3:26 pm by Brian E. Barreira
” In re Shurley, 115 F.3d 333 (5th Cir. 1997), citing G. [read post]
Massachusetts Estate Planning, Probate & Elder Law - http://elderlaw.info/
Timeliness of arbitration demand for the arbitrator to decide, not the court, Texas Supreme Court says
28 Apr 2015, 12:29 pm by WOLFGANG DEMINO
Does it have res judicata effect? [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Timeliness of arbitration demand for the arbitrator to decide, not the court, Texas Supreme Court says
28 Apr 2015, 12:29 pm by MOTP
Does it have res judicata effect? [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Second District Holds First Tier CEQA Analysis Suffices For Regional Board’s Setting of Novel TMDL For Lake Bed Sediment
8 Apr 2015, 3:25 pm by Arthur F. Coon
Please contact Arthur F. [read post]
CEQA Developments - http://www.ceqadevelopments.com
FAA preemption & MFA reverse preemption: Is CPRC §74.451, which requires attorney signature and waiver warning in arbitration agreement with health care provider, preempted by the Federal Arbitration Act? -- Texas Supreme Court answers: The Fredericksburg Care Company LP v Perez (Tex Mar. 6, 2015)
6 Mar 2015, 12:53 pm by MOTP
ARBITRABILITY OF HEALTH CARE LIABILITY CLAIMS IN TEXAS: FAA PREEMPTION AND MFA REVERSE PREEMPTION IN THE MED-MAL CONTEXT In an opinion released today, the Texas Supreme Court holds that the federal law that accords states the right to regulate the business of insurance (McCarran-Ferguson Act) does not furnish an exception to the general principle that the FAA (Federal Arbitration Act) preempts the TAA (Texas Arbitration Act) and other state arbitration laws when the two conflict, where the… [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
No Consent To General Jurisdiction By Merely Registering To Do Business
5 Mar 2015, 5:52 am
Mylan Pharmaceutical, Inc., ___ F. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
CAFC limits Warsaw Orthopedic to "reasonable royalty"
3 Mar 2015, 4:55 pm by Lawrence B. Ebert
Globus Med., Inc., 637 F. [read post]
IPBiz - http://ipbiz.blogspot.com/