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Chief Judge Connolly Issues Comprehensive Opinion Setting Forth Court’s Findings of Fact and Conclusions of Law on Infringement Claims and Invalidity Defenses as to Patents-in-Suit Following ANDA Trial
21 Aug 2021, 6:13 am by Gregory B. Williams
By Memorandum Opinion entered by The Honorable Colm F. [read post]
Delaware Intellectual Property Litigation - http://delawareintellectualproperty.foxrothschild.com/
Pseudonyms or “John Doe” Names In An Illinois Divorce
21 Aug 2021, 5:40 am by Russell Knight
Frank, 951 F.2d at 324. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/
Delaware Court Finds Appraisal Proceeding Is Not a Claim “for a Wrongful Act” and Dismisses $177M Coverage Action
20 Aug 2021, 11:27 am by Alex Silverman
” The Appraisal Action Jarden LLC f/k/a Jarden Corp. was a holding company for a number […] [read post]
Property Casualty Focus - http://propertycasualtyfocus.com/
SEC Approves Nasdaq Diversity Rule
20 Aug 2021, 9:48 am by Sarah Aberg and Matthew Lin
 In defending the Board Diversity Rule, Nasdaq relied on empirical evidence and peer reviewed studies that established a link between diverse boards and enhanced company performance, innovation, long-term sustainable returns, and investor protection. [read post]
Corporate Securities Law Blog - http://www.corporatesecuritieslawblog.com/
Corporate fiduciary duty, business records, statute of limitations, and wild boar with mustard and thyme sauce and wild lingonberries
19 Aug 2021, 12:21 pm by Law Lady
Appeals -- Absence of transcript -- Trial court erred in granting summary judgment in favor of insurer in case involving proper application of policy deductible -- Although there is no transcript of pre-trial conference where rulingwas made, error is apparent on face of record where explanation of review documents submitted by insurer show that insurer applied the fee schedule authorized by 627.736(5)(a)1.f. to total charges before applying PIP deductible. [read post]
The Appellate Gourmet (c) - http://appellategourmetappealsinflorida.blogspot.com/
[Eugene Volokh] Federal Judge Orders Vaccination as Bail Condition
18 Aug 2021, 1:20 pm by Eugene Volokh
Sabhani, 493 F.3d 63, 75 (2d Cir. 2007); see also United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Sixth Circuit Limits Scope of Putative Nationwide FLSA Collective Actions on Personal Jurisdiction Grounds
18 Aug 2021, 9:12 am by Greg Mersol
TL Transp., LLC, 317 F. [read post]
Employment Class Action Blog - http://www.employmentclassactionreport.com/
Sixth Circuit Limits Scope of Putative Nationwide FLSA Collective Actions on Personal Jurisdiction Grounds
18 Aug 2021, 9:12 am by Greg Mersol
TL Transp., LLC, 317 F. [read post]
Employment Class Action Blog - http://www.employmentclassactionreport.com/
The Expansion of the Rooker-Feldman Doctrine is Over, and Far Fewer Cases Will Be Barred, says Eleventh Circuit Panel.
18 Aug 2021, 8:26 am by Scott Riddle
’ ” May, 878 F.3d at 1005.. [read post]
Georgia Bankruptcy Blog - http://www.georgiabankruptcyblog.com/
industry group's safety/risk/legality claims were plausibly false or misleading
18 Aug 2021, 6:09 am by Rebecca Tushnet
National Ass’n of Boards of Pharmacy, 2021 WL 1199363, -- F. [read post]
43(B)log - http://tushnet.blogspot.com/
[Eugene Volokh] Trademark Confusion Lawsuit Over "ASU: No More Social Distancing. No More Masks. It Is Time to Party!" Posts
17 Aug 2021, 5:09 pm by Eugene Volokh
" And Message Eighteen again includes a reference to "Führer Crow," this time accompanied by a stream of vulgarities. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Bank had no duty to disclose limits to PPP loan applicants
17 Aug 2021, 11:25 am by Rebecca Tushnet
A duty to disclose may arise in four circumstances: “(1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes partial representations but also suppresses some material facts. [read post]
43(B)log - http://tushnet.blogspot.com/
Models' false endorsement claims fail for want of recognition, bad survey
17 Aug 2021, 11:21 am by Rebecca Tushnet
., 987 F.3d 233 (2d Cir. 2021), which considered all these claims except for false advertising. [read post]
43(B)log - http://tushnet.blogspot.com/
Lessons from A Cautionary Tale in the Era of Efiling
17 Aug 2021, 10:00 am by Catherine Reach
Texas attorney Aaron F. [read post]
From the Center - https://www.ncbar.org/members/resources/center-for-practice-management/blog/
Case Summaries – Fourth Circuit Court of Appeals (July 2021)
17 Aug 2021, 9:26 am by Phil Dixon
Hogan, 849 F.3d 114 (4th Cir.) [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Rebuttable presumption that firearm is used or possessed “in connection with” a drug-trafficking offense if the firearm is found in close proximity to drugs or related items, justifying a four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B)
17 Aug 2021, 6:47 am
Loney, 219 F.3d 281 (3d Cir. 2000), the Third Circuit held that the “in connection with” requirement would exclude situations in which “the presence of the gun was merely ‘accidental,’ had no ‘purpose or effect with respect to’ [the defendant’s] drug offense, or did not ‘facilitate or have the potential of facilitating’ [the defendant’s] drug dealing. [read post]
Third Circuit Blog - http://circuit3.blogspot.com/
Law School Canons: All Roads Lead to Rome: Preserving an Issue for Appeal
17 Aug 2021, 3:00 am by Avery Welker
., 965 F.3d 1299 (Fed. [read post]
Patently-O - http://patentlyo.com/patent
The Second Circuit Court of Appeals Finds That French Banker Need Not Travel to the United States to Seek Dismissal of Her Indictment
16 Aug 2021, 3:22 pm by Michael Gilbert and Shin Hahn
Martirossian, 917 F.3d 883 (6th Cir. 2019). [read post]
Government Contracts Blog - https://www.governmentcontractslawblog.com/
Ninth Circuit Gives Defendants Breathing Room to Challenge Personal Jurisdiction at Class Certification
16 Aug 2021, 3:00 am by Cory Church and Drew Gann
., __ F.4th __, 2021 WL 3504041 (9th Cir. [read post]
Class Action Countermeasures - http://www.classactioncountermeasures.com
Postpichal v. Cricket Wireless, LLC: Under RICO, Differences in Consumers’ Experience Purchasing 4G Cell Phones and Plans Does Not Defeat Predominance
13 Aug 2021, 1:08 pm by robin.hall@capstonelawyers.com
Caesars World, Inc., 379 F.3d 654 (9th Cir. 2004). [read post]
Impact Litigation Journal - http://www.impactlitigation.com/