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22 Jun 2016, 4:00 am
Div.), para. 32 (p. 45): “Crown counsel should never request a specific term of imprisonment and in this province it rarely happens that such is done. [read post]
19 Jun 2016, 2:02 pm
The analysis necessarily begins with the new language of Federal Rule of Civil Procedure 26(b)(1), providing that “[p]arties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case. [read post]
16 Jun 2016, 2:48 pm
The SEC’s order finds that Morgan Stanley violated Rule 30(a) of Regulation S-P, also known as the “Safeguards Rule. [read post]
13 Jun 2016, 6:52 am
As to the impact on speech, the court wrote that “[p]osting information on the Internet—whatever the subject matter—can constitute speech as surely as stapling flyers to bulletin boards or distributing pamphlets to passersby—activities long protected by the First Amendment. [read post]
13 Jun 2016, 6:52 am
As to the impact on speech, the court wrote that “[p]osting information on the Internet—whatever the subject matter—can constitute speech as surely as stapling flyers to bulletin boards or distributing pamphlets to passersby—activities long protected by the First Amendment. [read post]
13 Jun 2016, 5:34 am
” A defendant’s ability to assert this defense in a motion is established by Rule 12(b)(6) of the Federal Rules of Civil Procedure.Getting back to the opinion, the judge began his analysis of the defendants’ Rule 12(b)(6) motion by explaining that in order tosurvive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. [read post]
13 Jun 2016, 2:58 am
P. 12(b) motion to dismiss for lack of subject matter jurisdiction after providing declaratory judgment plaintiffs (collectively “PSN Pharma”) a covenant not to sue on the patents at issue. [read post]
12 Jun 2016, 10:41 am
The dueling depictions serve to remind us that the employee/independentcontractor distinction is not a bright line but a spectrum, and that courts must struggle with matters of degree rather than issue categorical pronouncements. [read post]
10 Jun 2016, 7:35 am
Session 3: RemediesIn recent years, trademark scholarship has focused largely on questions of subject matter and scope, including much critical assessment of standards for infringement and dilution. [read post]
9 Jun 2016, 12:48 pm
P. 11(b). [read post]
9 Jun 2016, 12:13 pm
Lemley: disagree as practical matter. [read post]
9 Jun 2016, 9:40 am
Leah Chan Grinvald: Whose perspective it is matters. [read post]
9 Jun 2016, 7:38 am
It’s not the overlap that matters. [read post]
9 Jun 2016, 5:51 am
And here is our reply to that: B. [read post]
8 Jun 2016, 2:49 pm
The Second Circuit held that the trial evidence was insufficient as a matter of law to prove that Countrywide made a false representation with contemporaneous fraudulent intent. [read post]
7 Jun 2016, 8:57 am
B. [read post]
7 Jun 2016, 6:36 am
At Oral Argument Arguing Counsel John B. [read post]
7 Jun 2016, 6:21 am
How should trial judges handle the matter? [read post]
7 Jun 2016, 6:21 am
How should trial judges handle the matter? [read post]
5 Jun 2016, 9:59 pm
"Another MP, Shri Mekpati Raja Ram Mohan Reddy (Nellore) wanted the Bill to apply even to pending “cases where the arbitrator is already appointed” (p. 158).Importantly, the Minister of Law and Justice stated (at p. 190): “One of the suggestions was that it should have retrospective effect. [read post]
