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17 Jun 2014, 8:45 am
Medtronic Inc., 704 F.3d 1224 (9th Cir. 2013), the wrongly decided Ninth Circuit opinion allowing the plaintiff to allege state law failure-to-warn claims based on the purported failure to report adverse events to the FDA. [read post]
21 Dec 2022, 4:00 am by Administrator
As the Supreme Court of Canada put it in i Trade Finance Inc. v. [read post]
12 Dec 2014, 6:00 am by Daniel E. Cummins
Omega Flex, Inc., in which the court did not adopt the Restatement (Third) of Torts analysis for products liability cases but did alter the required analysis, and in the case of Zauflik v. [read post]
12 Nov 2012, 12:19 am by Kevin LaCroix
” Judge Mason expressly rejected the defendants’ arguments that the ratings were protected by the first amendment, because the statements about the agency’s objectivity and independence and not simply opinions; that are, Judge Mason said, “verifiable representations regarding the manner in which S&P assures the integrity and independence central to the credibility of its ratings. [read post]
14 Mar 2023, 11:54 am by Rebecca Tushnet
Route Consultant, Inc., 2023 WL 2466624, No. 3:22-cv-00656 (M.D. [read post]
9 Dec 2016, 11:03 am by Eugene Volokh
I haven’t said much about the “fake news” debate, largely because so much about it is obvious — 1) false statements are bad, but 2) various actions (especially by the government) to try to stamp out such false statements can be even worse. [read post]
8 Mar 2018, 4:00 am by David Stanton, Wenqing Zhao
Another deal, between U.S. data analytics firm Cogint, Inc. and BlueFocus International Limited of China, was also scuttled after CFIUS indicated unwillingness. [read post]
12 Dec 2014, 12:21 pm by Daniel E. Cummins
Omega Flex, Inc., in which the court did not adopt the Restatement (Third) of Torts analysis for products liability cases but did alter the required analysis, and in the case of Zauflik v. [read post]
29 Jun 2021, 12:08 pm by Matt Murphy
Tesla, Inc.,  Lommatzsch had engaged her Tesla Model S autopilot when the car slammed into another vehicle at 60 mph.[10] Lommatzsch alleged that Tesla’s sales staff assured her the Model S would “stop on its own in the event of an obstacle being present in the path of the Tesla Model S. [read post]
3 Feb 2008, 10:42 pm
While Bebchuk appears to be in favor of shareholder nominated candidates, he proposes procedural requirements in assuring that holding and owning requirements are met and limits resubmission of defeated proposals.[17] In demonstrating options to the board, he explains that "when confronted by a challenger running on a platform of adopting value-enhancing change … management would likely be able to win by… [read post]