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22 May 2024, 9:07 am
In the decision, Judge Barker criticized the “two prong” test of the Final Rule and determined that the test only has one step for all practical purposes, holding that the second step of the test is not a unique step but is “either co-extensive with step one or a superset of step one. [read post]
22 May 2024, 7:44 am
At an earlier point in the judgment Kennett J had said: “The policy questions underlying the parties’ dispute are large. [read post]
22 May 2024, 4:03 am
“‘If the parties … do not create their own relationship of higher trust, courts should not ordinarily transport them to the higher realm of relationship and fashion the stricter duty for them’” (id. at 20 [citation omitted]). [read post]
21 May 2024, 9:01 pm
This means that it is possible to render advice to a retirement investor without being a fiduciary, so long as the relationship between the advice provider and the retirement investor is clearly defined and understood by all parties. [read post]
20 May 2024, 3:32 pm
You Had One Job: Law school flunks test administration. [read post]
20 May 2024, 2:56 pm
” The UK was one of the last developed nations to begin the testing of all blood donations directly for the presence of Hepatitis C. [read post]
20 May 2024, 8:32 am
While HB 21 contains an exemption for research carried out by certain entities, discussed below, HB 21 requires that genetic testing companies obtain informed consent in compliance with 45 C.F.R. part 46 (the federal Common Rule) for transfers of the consumer’s biological samples or genetic data for (i) independent research by a third party or (ii) for research sponsored by the genetic testing company for the purpose of product or service research and development,… [read post]
20 May 2024, 8:06 am
Had the Fifth Circuit invited further historical briefing on Appropriations Clause challenges (issues that the parties likely regarded as throwaway arguments for much of the litigation), one wonders if the Court of Appeals would have corrected its own mistakes without a trip to the Supreme Court. [read post]
20 May 2024, 6:26 am
In the following guest post, Assen Koev argues in favor of a standardization of the initial economic assessment analysis as a way to provide the parties and concerned insurers with a clearer picture of the securities lawsuit at an earlier point in the case. [read post]
19 May 2024, 4:01 am
In a word, Eurobank was not “innocent” because it was aware of the third-party fraud and participated in it. [read post]
19 May 2024, 2:55 am
If a party submits to the Office a printed publication or other evidence that the party knows was AI-generated, should that party notify the USPTO of this fact, and if so, how? [read post]
18 May 2024, 9:03 pm
A sample analyzed by a third-party laboratory revealed no contamination. [read post]
17 May 2024, 2:18 pm
To determine if the term Gruyere is generic, the TTAB applied the test of Marvin Ginn. [read post]
17 May 2024, 11:36 am
Israel-Palestine Investigation a Test for the United States Congress was right to offer this support, but it presented a risk, given the foreseeable risk that the United States would shift from a supporter of the court to an enemy on short notice. [read post]
17 May 2024, 11:36 am
Israel-Palestine Investigation a Test for the United States Congress was right to offer this support, but it presented a risk, given the foreseeable risk that the United States would shift from a supporter of the court to an enemy on short notice. [read post]
17 May 2024, 9:31 am
If the MPN IMR physician determines that diagnostic tests are necessary, such testing must be authorized. [read post]
17 May 2024, 7:18 am
The Iowa Supreme Court articulated the test to be applied when a party in civil litigation seeks to depose opposing counsel This case is about depositions of attorneys. [read post]
17 May 2024, 7:00 am
Among the 40 policies we tested, the most popular ones are those that crack down on corporations, lower the prices of health care and other things, and protect Medicare and Social Security. [read post]
17 May 2024, 5:01 am
" "The test is whether the words, taken in their common and ordinary meaning, in the sense in which they are generally used, are capable of defamatory construction. [read post]
16 May 2024, 8:11 am
It also considers the role of new technologically enabled suppliers (eg big techs, fintechs and third-party service providers) and business models. [read post]
