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Copyright Conundrum

4 Aug 2010, 12:51 pm by Mike Sykuta

” In K mart Corp. v. [read post]

Truth on the Market - http://www.truthonthemarket.com

Email fails as evidence of conception in Creative Compounds v. Starmark

25 Jun 2011, 4:55 am by Lawrence B. Ebert

” Price v. [read post]

IPBiz - http://ipbiz.blogspot.com/

Shanahan v. IRS (9th Cir. - March 13, 2012)

13 Mar 2012, 10:47 am

The Cheungs then hire another high-priced firm (K&L Gates) to prosecute an appeal with the Ninth Circuit.They draw a relatively good panel: Stephen Reinhardt, Willie Fletcher and Johnnie Rawlinson. [read post]

California Appellate Report - http://calapp.blogspot.com/

Court of Appeals Holds that Six-Month Limitations Period Applies to Hybrid Claim for Employer’s Breach of Collective Bargaining Agreement and Union’s Breach of Duty of Fair Representation

14 Apr 2012, 8:07 am by Douglas Melcher

On April 12, 2012, the District of Columbia Court of Appeals decided Price v. [read post]

The D.C. Law Report - http://dclaw.net/

Hoffman v. Transworld Systems, Inc. - post-consent order FDCPA action survives TSI's initial motion to dismiss in part

23 Dec 2018, 7:53 am by Wolfgang Demino

Also see ---> Private student loan collection suit not removable to federal court (addressing state vs. federal jurisdiction issue in context of original collection suit; sanctions imposed for improper removal in Richards v. [read post]

Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com

Second Circuit reverses and remands an order of restitution, imposed under the Mandatory Victim’s Restitution Act of 1996 (“MVRA”) — 18 U.S.C. § 3663A(a)(2), (c) — because the Government failed to prove, by a preponderance, the proximate cause element: i.e., that the losses to the victims were foreseeable to the defendant in the course of committing the “offense of conviction.” United States v. Goodrich, No. 19-208, __F.4th__ , 2021 WL 3889801 (2d Cir. Sept. 1, 2021) (C.J.J. Calabresi, Pooler, Carney).

13 Sep 2021, 10:57 am by Darrell Fields

” United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

Prometheus: Laws of Nature Plus Conventional Steps Not Patentable

30 Apr 2012, 10:42 am by paperstreet

In Bilski, the Court considered claims covering a process for hedging risks of price changes by, for example, contracting to purchase commodities from sellers at a fixed price, reflecting the desire of sellers to hedge against a drop in prices, while selling commodities to consumers at a fixed price, reflecting the desire of consumers to hedge against a price increase. p. 5; Bilski v. [read post]

Complex I.P. Blog - http://www.complexip.com/

Who will rein in the HOAs and their attorneys? - Dunning and foreclosure of assessment lien and FDCPA

5 Aug 2017, 11:50 am by Wolfgang Demino

, Haney v. [read post]

Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com

Did the Word "May" Make the Arbitration Provision Mandatory? - Consumer crossed out mandatory arbitration clause before signing and Builder accepted the changes; but consumer gets forced into arbitration anyhow, with one Justice dissenting Southern Green Builders v. Cleveland (Tex. App. - Houston 2018)

1 Sep 2018, 9:28 am by MOTP

On September 30, 2015, Seidel, on behalf of SGB, entered in to a Residential Construction Contract (the "contract") to build for Cleveland the residence at 3424 Sunset Boulevard, Houston, Harris County, Texas, at an agreed price of $1,680,340.39. [read post]

ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/

SCOTUSwiki Preview: Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, and Alaska v. Southeast Alaska Conservation Council

10 Sep 2008, 7:56 pm

Southeast Alaska Conservation Council, and Alaska v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Federal Court Decides Matter Involving ERISA and Tribal Court Jurisdiction

1 May 2015, 6:37 am by Matthew L.M. Fletcher

Vandever v. [read post]

Turtle Talk - http://turtletalk.wordpress.com/

Cook v. Rockwell International Corp

9 Sep 2010, 12:24 pm by WIMS

The owners of property near the former Rocky Flats Nuclear Weapons Plant (Rocky Flats) filed a class action against the facility's operators under the Price-Anderson Act (PAA), alleging trespass and nuisance claims arising from the release of plutonium particles onto their properties. [read post]

Environmental - Appeals Court - http://environmentalappealscourt.blogspot.com/

Courts Split Over Copyright Law's "First Sale Doctrine"

16 Jan 2012, 5:43 am by Nicholas J. Wagoner

See Bobbs-Merrill Co. v. [read post]

Circuit Splits - http://www.circuitsplits.com/

Consent search upheld, with thorny questions of revocation and authority avoided by resort to independent-source doctrine

3 Mar 2009, 11:49 am

The Third Circuit, in U.S. v. [read post]

Third Circuit Blog - http://circuit3.blogspot.com/

Supreme Court Rejects Bilski Claims, Overturns "Machine-or-Transformation" Requirement for Patent Eligibility of Processes

28 Jun 2010, 11:19 am by Sheppard Mullin

This morning, in a highly anticipated decision, a fractured Supreme Court affirmed the Federal Circuit's judgment in Bilski v. [read post]