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7 Mar 2015, 1:36 pm
"[A]s a matter of law, the Marshalls would have been able to discover BP's fraud th[r]ough the use of reasonable diligence. [read post]
6 Mar 2015, 12:53 pm
The Texas high court for civil matters concludes that the Texas law at issue (Section 74.451 of the Texas Civil Practice and Remedies Code), does not squarely fall within the scope of a state law enacted to regulate the business of insurance. [read post]
6 Mar 2015, 7:56 am
, then shouldn’t a jury get to decide it and not the Sixth Circuit, given that court’s conclusion that the matter is not free from doubt? [read post]
5 Mar 2015, 7:07 pm
Mas sem dúvida informação e conhecimento são libertadores, mesmo que estes não estejam dentro dos parâmetros que consideramos “corretos”. [read post]
5 Mar 2015, 2:47 pm
[For those seeking a high-level refresher on this copyright exception, see yesterday’s Katpost here]In reaching its decision, the CJEU has certainly taken its time: almost 9 months have passed since Advocate-General Villalón’s Opinion of 18 June [finally now available in English here]. [read post]
5 Mar 2015, 9:14 am
Nothing in Helferich indicates that the Federal Circuit is construing its “authorized acquirer” concept so narrowly as to exclude a good’s future owner (no matter how that downstream party obtained the good) from claiming exhaustion as a defense, should that good’s owner be charged with infringement by use or sale. [read post]
5 Mar 2015, 5:52 am
. with subject matter jurisdiction. [read post]
4 Mar 2015, 1:40 pm
" Propriétés Intellectuelles nº 16, 2005, p. 254 (here); (iii) in Spanish: "La protección del perfume por el derecho de autor. [read post]
4 Mar 2015, 4:00 am
Premièrement, le juge du procès a‑t‑il mal appliqué le moyen de défense fondé sur la nécessité, ce qui aurait donné lieu à un procès inéquitable? [read post]
3 Mar 2015, 8:58 am
that context matters in interpreting statutes. [read post]
2 Mar 2015, 2:24 pm
As the SG puts it (p.24), “[a]n Exchange without credits would be a rump Exchange bearing little resemblance to its state-run counterpart—if it could operate at all. [read post]
2 Mar 2015, 6:48 am
committed the (class C felony) (class D felony) (class A misdemeanor) of making a terroristic threat, punishable upon conviction under [ Insert appropriate punishment provision. [read post]
28 Feb 2015, 3:48 pm
Regarding Items 3.e, 3.f, 3.g, 3.h, 3.j, 3.k, 3.m, 3.n, 4.b, 4.c, 4.d, 4.e, 4.f, 4.g and 4.h, the inadequacy of the response "Unknown" is self-evident. [read post]
26 Feb 2015, 5:00 am
National Drug Co., 23 A.2d 743 (Pa. 1942), long before the concept of §402A strict liability in tort was even a gleam in a plaintiff’s lawyer’s eye. [read post]
25 Feb 2015, 2:08 pm
” See National Ass'n of Letter Carriers v. [read post]
25 Feb 2015, 2:08 pm
” See National Ass'n of Letter Carriers v. [read post]
25 Feb 2015, 2:00 pm
Invidia, the CAFC reversed a fee award given by D. [read post]
23 Feb 2015, 1:55 pm
How did Howard N. [read post]
23 Feb 2015, 4:06 am
Easterbrook observes: [D]efendants did not need to use the copyrighted work. [read post]
21 Feb 2015, 7:46 pm
Supreme Court's order to show cause that Paul D. [read post]