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3 Sep 2009, 8:25 pm
" In re Wands, 858 F.2d 731, 737 (Fed. [read post]
10 Aug 2020, 2:24 am by Schachtman
”[6] The court’s stated standard is much less interesting than its reasoning process, which goes 2020. [read post]
4 Oct 2014, 12:09 pm by Schachtman
Since 1663, the Royal Society has sported the motto:  “Nullius in verba,” on no one’s authority. [read post]
9 May 2008, 11:30 am
”In re McCormick Road Associates, 127 B.R. at 413 (quoting In re Phoenix Piccadilly Ltd., 849 F.2d 1393, 1394 (11th Cir.1988) (emphasis added); see also id. at 415 (“[O]nce a court has properly found that the debtor has failed to satisfy the court's objective good faith inquiry-i.e., whether reorganization is the proper course of action in a particular debtor's case-it may properly dismiss the debtor's petition without considering the… [read post]
16 Jan 2011, 2:50 pm by Gideon
King’s approach to life and his likely frowning upon my taking joy in the misery of others, I’ll give you the first link of this edition of BR before I get to Dr. [read post]
11 Jan 2012, 2:02 pm
" Appellants' Br. 36. [read post]
28 Dec 2018, 2:22 pm by Schachtman
In revisiting Daubert, therefore, we might imagine that legal scholars and scientists would be interested in the anatomy of the errors that led Bendectin plaintiffs stridently to maintain their causal claims. [read post]
6 Mar 2017, 4:34 pm by Lawrence B. Ebert
Br. 7 n.1, anddoes not dispute Prism’s observation that its JMOLmotion raised only a “divided infringement” argument,outside the scope of its appeal. [read post]
8 May 2008, 12:22 pm
We're not about to repeat everything we said there about how warning causation works in learned intermediary cases - but we will repeat this: we'd much rather have the warning causation question turn on the testimony of an independent, trained professional than on that of a self-interested layperson like the plaintiff who's suing our client.What defense counsel wouldn't? [read post]
20 Jul 2015, 9:07 am by Marty Lederman
Circuit held that even if the accommodation did impose a substantial burden on one or more plaintiffs' religious exercise, the government has compelling reasons for rejecting any further accommodation or exemption, and that such interests cannot be adequately advanced by any less restrictive means. [read post]
21 Dec 2010, 11:36 pm
Tessera designs semiconductors, and thereby manufactures patent litigations. [read post]
9 Jul 2010, 7:20 am
Schedule A lists the Debtors' ownership interest in the Property, this time estimating the market value at $99,300 (a reduction of 29% over 15 months). [read post]