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29 Nov 2022, 4:13 am
Mink, 410 U.S. 73, 85-89 (1973)(recognizing the deliberative process privilege, but holding it inapplicable to purely factual investigative material).[1] The relevant Senate Report on legislation that would ultimately become FOIA explained that exemption 5 allows agencies to withhold records that “would not be available by law to a party . . . in litigation with the agency. [read post]
17 Jan 2013, 8:05 am
On March 26 and 27, the Court will hear oral argument in the same-sex marriage cases, Hollingsworth v. [read post]
13 Oct 2010, 4:20 pm
It is purely to set the record straight, and is intended only for those that are interested. [read post]
27 Feb 2010, 4:59 pm
The self-anointed power of Cybor proves irresistible, and its gratuitous flaunting a sorry spectacle. [read post]
28 Apr 2015, 12:29 pm
LEACH BUILDERS, LLC, ET AL., Petitioners, v. [read post]
7 Jul 2022, 9:01 pm
PAGA departs from that norm by granting the power to enforce a subset of California public law to every employee in the State. [read post]
21 Mar 2014, 8:52 pm
Starbucks didn’t and is not taking any legal action and the pop up shop has been dissolved, so this discussion is purely hypothetical. [read post]
27 Mar 2009, 7:20 am
(IPKat) CFI: CTM grant not contrary to Portuguese business name ruling: Alberto Jorge Moreira da Fonseca, Lda v OHIM, General Óptica, SA, intervening (Class 46) CFI confirms refusal of Anheuser-Busch’s BUDWEISER Community trade mark: Anheuser-Busch v OHIM - Budejovicky Budvar (Class 46) (IPKat) (Law360) (Out-Law) ACTA negotiation powers for EU Commission (BLOG@IP::JUR) EU sound recording term extension vote delayed (Excess Copyright) EP divisional applications… [read post]
2 Nov 2021, 12:27 pm
Empire Ent., LLC, No. [read post]
18 Mar 2023, 8:08 am
And our powers of self-correction are [read post]
25 Mar 2011, 1:21 pm
That happens mainly because you don’t have to prove the building blocks of market power – including relevant geographic and product markets, defendant’s share of the relevant market, and market dynamics. [read post]
2 Apr 2018, 3:50 am
Fahey’s opinion for the court: Instead of focusing, as did the lower courts, on whether the partnership met Partnership Law § 62 (1) (b)’s durational criteria of “definite term” or “particular undertaking,” the court decided the wrongfulness of the minority partner’s unilateral dissolution without recourse to the statute, and instead employed a purely contractual approach in affirming the lower… [read post]
3 Sep 2013, 4:00 am
But the line of reasoning that focuses on the old, common law definition of larceny neglects to take account of the fact that the modern definition of property for purposes of theft statutes has been broadened to include both tangible and intangible property.5 For example, the paradigmatic Model Penal Code, published first in 1962 by the sages at the American Law Institute, defines property for purposes of theft very broadly: “‘property’ means anything of value, including real… [read post]
12 Feb 2024, 6:07 am
Dan AronowitzMany of you may have seen the February 5, 2024 Wall Street Journal article (here) describing the new lawsuit filed against Johnson & Johnson accusing the company of mismanaging its workers’ prescription-drug benefits. [read post]
26 Aug 2019, 9:22 am
Nat’l Geographic Partners, LLC, 2019 WL 3935180, No. 18-cv-3127-WJM-SKC (D. [read post]
3 Nov 2008, 2:23 am
Berwick estimates that 30% of costs in the U.S. health care system are "pure waste" -- excess administrative costs and medical expenses, where variation is based on habit, not evidence. [read post]
29 Nov 2011, 1:20 am
Going further, the Court announced its intention to appoint its own damages experts to testify at trial, stating: Judge Alsup relied on the authority of Monolithic Power Sys. v. [read post]
29 Jan 2011, 4:19 pm
., LLC (In re Miller), 570 F.3d 633, 639 (5th Cir.2009) ("[P]erceived poor drafting [in BAPCPA] should not be regarded as a license to invalidate plain-text readings in the name of fixing a statute that some believe is broken. [read post]
7 Jul 2021, 1:55 am
It is not clear that a “perfect” or pure territorial tax system exists. [read post]
9 Jan 2022, 1:32 pm
Atlantic Monthly Group, LLC, so you can decide for yourselves what to think of the argument (assuming the facts are as alleged): In 2020, Ms. [read post]
