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9 Oct 2015, 7:53 pm
Election proceedings have a preference over civil and criminal matters and thus the rules with regard to service are modified to reflect a method of service reasonably calculated to complete service in a timely fashion, but once ordered by the Court there must be strict compliance. [read post]
8 Oct 2015, 5:00 am
Ever since this blog started, we’vemadeplainthat we have no use for the so-called “heeding presumption. [read post]
3 Oct 2015, 5:34 am
The podcast features all things Yemen with Yemen expert Gregory Johnson, who explains—for those who are confused on the subject—what a Houthi is, Yemeni power politics, the local issues responsible for the conflict, and the possibility of the conflict’s escalation. [read post]
2 Oct 2015, 12:33 pm
Mosley, 408 U.S. (1972):But, above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.To end on an amusing note, I like this one, "I have a lifetime appointment and I intend to serve it. [read post]
1 Oct 2015, 5:08 am
Apart from recounting the story of the Dickakian matter [ In the Matter of Exxon Chemical Company (on behalf of Dickakian), 87-INA-615 ], the post mentioned issues with a data breach at LinkedIn:"In this job market, I'm just happy the Russians who hacked LinkedIn have my resume," one guy tweeted. [read post]
30 Sep 2015, 4:12 pm
With both parties winning some and losing some of their arguments at the Rule 12(b)(6) stage, the matter settled. [read post]
30 Sep 2015, 5:07 am
ACTION NOTICE DATE CLAIM DUE DATE 2015-85 In the Matter of Mead Johnson Nutrition CompanyAdministrative Proceeding File No.: 3-16704Case Filed: July 28, 2015Qualifying Judgment/Order: July 28, 2015 8/31/2015 11/29/2015 2015-84 In the Matter of Wisteria Global, Inc. and Hiroshi FujigamiAdministrative Proceeding File No.: 3-16675Case Filed: July 6, 2015Qualifying Judgment/Order: July 6, 2015 8/31/2015 11/29/2015 2015-83 In the Matter of ITG Inc. and AlterNet… [read post]
29 Sep 2015, 6:52 pm
– Financial risk analyst Susan Mangiero of Fiduciary Leadership, LLC in her blog, Pension Risk Matters For more of the best, check out LXBN, a complete review of the top insight and commentary across the LexBlog Network. [read post]
28 Sep 2015, 3:30 pm
Qualifications didn’t matter. [read post]
28 Sep 2015, 4:47 am
And when enough public attention gets drawn to an issue that affects a big proportion of the population, government takes notice.What DOES matter is the widening gap between have, and have not. [read post]
25 Sep 2015, 8:17 am
Calibrating remedies to bargaining/penalizing those who reject early bargains—opposed to that as a policy matter. [read post]
24 Sep 2015, 2:35 pm
The money-ruling: The Federal Circuit affirmed the lower court’s finding that – as a matter of law – the claimed inventions of the asserted patents are not obvious and that the lower court did not abuse its discretion by denying a late-filed on-sale-bar defense. [read post]
24 Sep 2015, 11:31 am
The matter of deference to the USPTO for consideration ofa reference of record arises:On this record, there is no genuine issue of materialfact that the prior art did not disclose or make obvious themesylate salt of LDX. [read post]
24 Sep 2015, 10:45 am
The Yates memorandum enumerates six key steps to strengthen prosecutions against individual defendants: To receive any cooperation credit, a corporation must provide the DOJ with all relevant facts about individuals involved in the corporate misconduct Government criminal and civil investigations of corporations should focus on individuals from the inception of the investigations Government criminal and civil attorneys handling investigations of corporations should be in routine communication with… [read post]
24 Sep 2015, 6:51 am
” Contract law, on the other hand, is an area of law where labels matter. [read post]
24 Sep 2015, 5:24 am
In Bartlett, the defendant “was unable to change [the product’s] composition as a matter of both federal law and basic chemistry. [read post]
23 Sep 2015, 5:43 am
For the same reason, the implied warranty claim fails: the “drug’s label is adequate as a matter of law because it clearly and adequately warns the prescribing physician of the very malady suffered by Decedent. [read post]
22 Sep 2015, 8:27 am
The addendum failed as a matter of law to prevent the sellers from selling it “as is” to an unknowing buyer and it failed to allow the seller to escape the financial burden of the water damage. [read post]
22 Sep 2015, 5:34 am
Sept. 17, 2015) hews to the “work by work” framework as a matter of law, but is willing to accept judicial shortcuts: “Katz argues the district court erred by failing to perform a “work-by-work” analysis of the blog posts, see Cambridge Univ. [read post]
22 Sep 2015, 5:17 am
I doubt Roberts, or Kennedy for that matter, is rushing off to join even the most conservative wings of the Democratic party.I know the Republican candidates were poking at Roberts only by way of jabbing at Obama; this is primary season, and they know there are votes to be mined in the opposition to just about anything the current president has done.And I know that, in office, the brash calculations of a debate-stage performance almost always give way to more considered, thoughtful… [read post]
