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23 Apr 2009, 11:35 pm
Jay Apt, Associate Professor, Carnegie Mellon University Video Panel 1 Panel 2 Part 1 Panel 2 Part 2 Panel 3 [read post]
21 Apr 2009, 2:20 pm
-By Chad Bray, Dow Jones Newswires; 212-227-2017; chad.bray@dowjones.com THE HAYES LAW FIRM, www.dhayeslaw.com 4265 San Felipe, Suite 1000 Houston, TX 77027 Phone: 713-622-7271, Toll free: 1-866-332-3567 [read post]
15 Apr 2009, 4:44 am
Burns listed four elements: (1) the "significance and extent of exposure," (2) the "toxicity of [the substance], [and] the seriousness of the [harm] ... for which the individuals are at risk," (3) the "relative increase" in risk "in those exposed," and (4) "monitor[ing] the effects of exposure. . .is reasonable and necessary. [read post]
5 Mar 2009, 12:02 pm
Well, an election happened, but: (1) we're not so crass as to think that any member of the Court, beyond being aware of election returns, changes his or her mind for that reason, and (2) the briefing in Levine was all completed under the prior Bush administration, so it's not like there was some abrupt change in the government's position during the course of the case.But beyond the election something else much more profound happened - large parts of the nation's economy… [read post]
17 Feb 2009, 3:22 pm
Dow Agrosciences LLC, 544 U.S. 431, 449 (2005)); see also id. at 23-24. [read post]
14 Feb 2009, 11:56 am
Although reliable numbers are hard to come by, Federal Judicial Center statistics suggest that new class action cases filed in or removed to federal court increased 72% between 2001 and 2007,[1] reaching approximately 4,000 to 5,000 annually as of mid-2007 (the last period for which data are available). [read post]
30 Jan 2009, 7:00 pm
(IPKat) (IPKat) IPO launches ‘Supply Chain Toolkit’ best practice toolkit for avoiding fake goods entering business supply chains (IPKat) Welsh patent applications: the results are in (IPKat) United States US General Government blocks release of documents on secret IP enforcement treaty, ACTA (EFF) Potential names for Obama IP team swirl; WTO IP Chief ‘imminent’ (Intellectual Property Watch) John W Thompson leading candidate for Commerce Secretary… [read post]
11 Dec 2008, 7:06 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005), Buckman Co. v. [read post]
11 Nov 2008, 12:01 am
Dow Jones and Co., 67 Ill.App.3d 869, 876 (1st Dist. 1978). [read post]
23 Oct 2008, 9:03 am
In re Farm Raised Salmon Cases, 175 P.3d 1170, 1175, 1178, 1181-82 (Cal. 2008).As far as §343-1(a) is concerned, maybe the salmon makers get eaten by the bears - or maybe not - it's not our fight. [read post]
8 Oct 2008, 11:50 am
Dow Agrosciences LLC, 544 U.S. 431 (2005), as creating an irrebuttable presumption against preemption that overrode congressional intent:The Court of Appeals viewed Bates as having drastically changed this traditional preemption analysis, so as to make the presumption against preemption irrebuttable and to require examination of the statutory language alone. [read post]
19 Sep 2008, 7:13 am
Dow Agrosciences LLC, 544 U.S. 431, 449 (2005). . . . [read post]
19 Jul 2008, 11:07 am
Dow Agrosciences LLC, 544 U.S. 431 (2005). [read post]
26 Jun 2008, 6:31 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005):In undertaking a pre-emption analysis. . ., a court should bear in mind the concept of equivalence. [read post]
30 May 2008, 9:09 am
: (IP ThinkTank), (further discussion from IAM and e^(ip)) Illusory world of trade secret protection – Discussion of S Schreter’s article ‘Inside entrepreneurship: Patent protection isn’t only option’: (IPBiz) Global – Copyright Illegal art: (Patry Copyright Blog), Events 1-3 June: ACC Europe 2008 annual conference ‘Becoming a global legal manager: Developing the skills you will need to… [read post]
24 Apr 2008, 4:07 am
Levine: (1) good, FDA approved warnings about the precise risk at issue (mentioning it 4 times, including in bold-face, allcaps print), (2) prior, specific FDA review of the precise risk and precise medical procedure involved, resulting in ratification of the label's language; (3) the case fits within one of the six situations where the FDA has taken a position that there should be preemption; and (4) of no suggestion of any regulatory violation or withholding of information from the… [read post]
21 Mar 2008, 7:18 am
Dupont Dow Elastomers, LLC, 2008 WL 686212(E.D.Tex. [read post]
12 Feb 2008, 8:29 am
SmithKline Beecham Consumer Healthcare, 88 P.3d 1 (Cal. 2004). [read post]
29 Nov 2007, 10:36 am
We must have been a little asleep at the switch, because, several weeks ago, now, the Solicitor General, on behalf of the FDA, filed the government's merits amicus brief in the Riegel v. [read post]
1 Nov 2007, 1:32 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005), isn't relevant since EPA in Bates wasn't purporting to evaluate substantively the manufacturer's statements.Finally, Medtronic closes strong, with policy reasons supporting preemption. [read post]
