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U.S. Court of Appeals for the Ninth Circuit, Vincent de Fontbrune v. Alan Wofsy, Docket No. 19-16913
5 Oct 2022, 3:00 am
Mora Hotel Corp. [read post]
4 Oct 2022, 11:47 am
Merck Sharp & Dohme Corp., 2022 WL 4541687 (Fed. [read post]
1 Oct 2022, 2:31 pm
Merck Sharp & Dohme Corp., No. [read post]
30 Sep 2022, 5:58 pm
Resignations are not sufficient in and of themselves to establish scienter, the court said, but may add to the overall pleading of circumstantial evidence of fraud.The case is No. 1:20-cv-03135-LAK. [read post]
30 Sep 2022, 5:28 pm
Several months ago, I wrote about a frequent litigant, in connection with a federal case of hers in in which (1) she was first allowed to proceed pseudonymously but then (2) was depseudonymized by the judge after evidence related to her past cases had emerged. [read post]
22 Sep 2022, 9:54 am
Sandoz, which produces a biosimilar sold outside of the US called Erelzi, attempted to invalidate the patents, taking their case all the way to the Supreme Court (Sandoz Inc. v Immunex Corp., 20-1110, Supreme Court). [read post]
15 Sep 2022, 1:24 pm
Cheng does not explain why, under his proposed “consensus rule,” subject matter experts are needed at all. [read post]
15 Sep 2022, 4:45 am
(Fn. 1). [read post]
9 Sep 2022, 8:43 am
Corp. v. [read post]
8 Sep 2022, 5:55 am
Beretta USA Corp. (2nd Cir. 2008), and led to subsequent public nuisance claims being dismissed in court (see here and here). [read post]
8 Sep 2022, 5:35 am
Maybe if Fox distributed a video game that depicted a famous baseball player who was domiciled in Alaska when he died, and was careful to avoid distributing it in Alaska,[20] the Dormant Commerce Clause might forbid subjecting Fox to Alaska law.[21] But when a company distributes material into a state, including online, applying state tort law to that material likely doesn't violate the Clause.[22] And though it may be expensive to comply with the law of multiple states, that… [read post]
7 Sep 2022, 5:23 am
"[20] This dicta, if taken seriously, would require a dramatic rethinking of state authority. [read post]
6 Sep 2022, 5:37 am
Target Corp. [read post]
6 Sep 2022, 5:30 am
Does the sole proximate cause defense apply? [read post]
2 Sep 2022, 8:25 am
Bell Corp. [read post]
2 Sep 2022, 5:01 am
"[1] Indeed, as noted above, the right of access to court records[2]—and, in the view of many courts, the right of access to parties' names—is a "clear and strong First Amendment interest. [read post]
1 Sep 2022, 11:21 am
Background TS Innovation Acquisitions Corp. [read post]
29 Aug 2022, 10:52 pm
It got me thinking: Does an employee have the right to be left alone during FMLA? [read post]
29 Aug 2022, 9:05 pm
There have also been reports that the FTC is actively investigating violations of past merger consent decrees, potentially with the aim of unwinding the previously cleared merger.15 In this vein, the agencies have been issuing “close at your own risk” letters to merging parties in non-challenged and non-remedy transactions that remind the parties that the agencies retain the authority to challenge mergers after they have closed and that expiration of an HSR waiting period… [read post]
29 Aug 2022, 7:37 am
§ 717r(d)(1)).[2] The filing does not outline which portions of the permit are challenged, but a joint statement from the two groups alleges that the permit “falls short of legal requirements to avoid and compensate for impacts to wetlands. [read post]
