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29 May 2008, 7:17 am
  While the activities giving rise to the claim of trademark infringement took place in Mexico, they had a "substantial effect" on United States commerce, and thus were within the court's subject matter jurisdiction. [read post]
19 Jan 2015, 11:36 pm
”)…While we have held that a sale is “not limited to the transfer of tangible property” but may also be determined by “the agreement by which such a transfer takes place,” Transocean Offshore Deepwater Drilling, Inc. v. [read post]
13 Feb 2014, 7:53 pm by Kenneth S. Nankin
  Pursuant to Article 33 of the Convention, a plaintiff may bring an action for damages in the United States against a carrier only when the United States is (i) “the domicile of the carrier,” (ii) the “principal place of business” of the carrier, (iii) the place where the carrier has a “place of business through which the contract has been made,” (iv) “the place of… [read post]
13 Feb 2014, 7:53 pm by Kenneth S. Nankin
  Pursuant to Article 33 of the Convention, a plaintiff may bring an action for damages in the United States against a carrier only when the United States is (i) “the domicile of the carrier,” (ii) the “principal place of business” of the carrier, (iii) the place where the carrier has a “place of business through which the contract has been made,” (iv) “the place of… [read post]
11 Apr 2010, 7:49 am
  If you have a criminal conviction that has made you removable from the United States, contact an attorney to see if this new decision opens up any new options for you. [read post]
1 Aug 2019, 3:56 am by INFORRM
Where a defendant in a libel claim is not domiciled in the United Kingdom, another Member State or a state which is a contracting party to the Lugano Convention, claimants have a very difficult task in obtaining evidence to satisfy the Court that of all the places in which the statements complained of have been published England and Wales is clearly the most appropriate jurisdiction to bring the claim. [read post]
20 Oct 2011, 10:27 am by Sue D. Nym
Since 1993, the United States Patent & Trademark Office (USPTO) has pursued an “aggressive campaign” to free itself from oversight by and accountability to the courts. [1] At the same time, the USPTO has been just as aggressive in ignoring the provisions of the Administrative Procedure Act (APA) and related administrative laws that place responsibilities on the USPTO vis-à-vis the public. [read post]
21 Oct 2014, 7:56 am by Joy Waltemath
Noting that the EEOC, in its complaint, specifically described the defendant “an instrumentality of the state of Pennsylvania,” the court pointed out that in ratifying the Constitution, the states consented to suits brought by other states or by the federal government; thus, for this reason, suits by the United States against a state are not barred by the Constitution. [read post]
7 Oct 2013, 8:07 pm by Larry Catá Backer
  In place of the formalism of the structural division of authority among the three principal branches of the general government, the Supreme Court has read into the Constitution a much more flexible and forgiving power to amalgamate all power in administrative agencies (Mistretta v. [read post]
24 Jun 2010, 8:59 am by J Robert Brown Jr.
  "Applying the same mode of analysis here, we think that the focus of the Exchange Act is not upon the place where the deception originated, but upon purchases and sales of securities in the United States. [read post]
20 Nov 2010, 7:24 pm by Richard D. Friedman
A couple of people have pointed out to me the decision of the Sixth Circuit yesterday in United States v. [read post]
9 Apr 2009, 10:28 pm
A second federal judge has criticized the "win at any cost" mentality of some Assistant United States Attorneys. [read post]
22 May 2020, 9:28 am by Tom Smith
It is apt to get Judge Sullivan’s attention that the only case the panel cited is United States v. [read post]
23 Apr 2009, 2:41 pm
Stanford student Anthony Dick summarizes Monday’s argument in Horne v. [read post]
28 Jun 2018, 4:50 pm by Jacob Sapochnick
Earlier this week, the United States Supreme Court handed down a controversial decision upholding the President’s latest travel ban in the case Trump, President of the United States, Et Al. v. [read post]