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7 Jul 2008, 6:51 pm
Judge Clark noted that the defendant had avoided putting forward its own damages calculation based on product by product sales, thus "cleverly avoid[ing] setting a floor for damages ... but waiv[ing] the opportunity to present contravening evidence on damages. [read post]
27 Oct 2011, 1:23 pm
Farhana Khera, president and executive director of Muslim Advocates, has an op-ed on the CNN web site railing against the Patriot Act — to which she declines to offer birthday wishes and describes instead as “erod[ing] America’s freedoms and wast[ing] precious resources. [read post]
7 Mar 2025, 12:40 pm
The court then applied the “capability test,” reasoning that (i) it would be improper to impute a use requirement to all of section 631(a) given that, as the Javier court noted, “there is already a use requirement in one of section 631(a)’s discrete clauses (‘us[ing], or attempt[ing] to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained’),” and (ii) the California Supreme Court had never before… [read post]
16 Jan 2020, 7:52 am
The rules include Section 17.47(a), which requires antenna structure owners to monitor the status of a structure’s lighting system by either (1) making “an observation of the antenna structure’s lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights” or (2) by “provid[ing] and properly maintain[ing] an automatic alarm system designed to detect… [read post]
31 Mar 2010, 3:22 pm
Unlike other statutes in which the Legislature had enacted statutes with comprehensive language “completely cover[ing] the details” of the subject matter and “includ[ing] enumerated exceptions to or conditions on the statute’s application,” in MCL § 330.1946 the Legislature only describes the mental-health professional’s duties with respect to “very limited circumstances. [read post]
29 Sep 2009, 1:12 pm
I am cc'ing both the current and incoming President; perhaps they will take up the issue. [read post]
7 Mar 2025, 12:40 pm
The court then applied the “capability test,” reasoning that (i) it would be improper to impute a use requirement to all of section 631(a) given that, as the Javier court noted, “there is already a use requirement in one of section 631(a)’s discrete clauses (‘us[ing], or attempt[ing] to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained’),” and (ii) the California Supreme Court had never before… [read post]
21 Dec 2011, 2:32 pm
Member Hayes accused the Board majority of intentionally: breach[ing] the Board’s internal operating rule and, for the first time in the history of this agency, not allow[ing] the requisite time for preparing or circulating a dissent. [read post]
15 Feb 2007, 5:25 am
In an interesting twist, it was not until March 2004 that the tenant prepared a letter which confirmed "'that she was relinquish[ing]'" and "'surrender[ing] all rights' to the apartment. [read post]
18 Oct 2007, 11:07 pm
We conclude that the present level of confusion is unnecessary ...The commenter's comment on "promote innovation" was less on point:"Federal patent law reflects the objectives of Congress, which include 'seek[ing] to foster and reward invention,' 'promot[ing] disclosure of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires,' promoting 'the stringent requirements for… [read post]
10 Dec 2022, 7:49 am
But the Court cautioned that it was not “prejudg[ing]” whether its “decision will sweep beyond Title VII to other federal or state laws that prohibit sex discrimination. [read post]
18 Oct 2018, 3:05 am
Litigation industry self-perpetuation – cy pres recipients were expected solicit more lawsuits by “educat[ing]” the public and “publiciz[ing]” privacy issues. [read post]
23 Jun 2023, 8:52 am
Senator Tillis and Coons believe that the reforms in the proposed legislation would widen the category of patent eligible subject matter for legitimate inventions in spaces such as medical diagnostics and artificial intelligence, while completely eliminating the judicially created exceptions, “bring[ing] vital clarity for inventors and innovators and ensur[ing] the United States maintain its competitive edge. [read post]
18 Feb 2012, 5:04 am
App. 2000) (citing Chapman) The third option that Siegel mentions -- "exclud[ing] testimony" -- is actually much broader than it might sound. [read post]
3 Nov 2008, 8:45 pm
" There has been a marked pattern of ‘to-ing' and ‘fro-ing' between the judiciary that seeks to protect against incursions on one's civil liberties and the executive that ensures national security. [read post]
8 Jul 2022, 12:04 pm
In Spring 2018, the department’s Anthropology Graduate Students Association passed a resolution accusing Jeff’s research of, among other counter-revolutionary sins, “entrench[ing] and naturaliz[ing] the criminalization of Blackness in the United States” and calling for “referring” his research to UCLA’s Vice Chancellor for Research, presumably for some sort of investigation. [read post]
4 Aug 2022, 6:30 am
” Rule 14a-8(i)(12), the resubmission exclusion, would be amended to provide that a shareholder proposal would constitute a “resubmission”—and therefore could be excluded if, among other things, the proposal did not reach specified minimum vote thresholds—if it “substantially duplicates” a prior proposal by “address[ing] the same subject matter and seek[ing] the same objective by the same means. [read post]
4 Aug 2022, 6:30 am
” Rule 14a-8(i)(12), the resubmission exclusion, would be amended to provide that a shareholder proposal would constitute a “resubmission”—and therefore could be excluded if, among other things, the proposal did not reach specified minimum vote thresholds—if it “substantially duplicates” a prior proposal by “address[ing] the same subject matter and seek[ing] the same objective by the same means. [read post]
30 Nov 2017, 7:00 am
ING Canada Inc., 2002 CanLII 22800 (ON SC), in which the motions judge struck the defendant’s pleadings, which argued a duty of good faith should prevent the plaintiff from sandbagging. [read post]
20 Feb 2012, 11:32 am
In its initial complaint, Platinum Logistics specifically cited § 1030(a)(5)(C), a subsection of the CFAA which prohibits “intentionally access[ing] a protected computer without authorization, and as a result of such conduct, caus[ing] damage and loss. [read post]
