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9 Apr 2010, 7:23 pm
Efficiency states that, discounting transaction costs, the ultimate distribution will be efficient. [read post]
9 Apr 2010, 7:37 am
Sellers did state in the Coyle article that he thinks '"our clients remain resolute in their belief that statements by the secretary of Agriculture that he wants to settle [the] case are ones they can rely on. [read post]
1 Apr 2010, 1:11 pm by Rebecca Tushnet
When the issue is whether a seller can participate in the secondary market for the trademarked goods, we may need what Mark McKenna calls channeling doctrines (Dastar, for example) to prevent trademark owners from getting more than what trademark gives them. [read post]
31 Mar 2010, 4:03 pm
It failed to state how many gap insurance providers existed and how many were on the approved list, thus rendering it impossible to tell the extent to which competition may have been affected.Moreover, the insurance seller failed to allege an injury that flowed from that which made the defendants' act unlawful. [read post]
30 Mar 2010, 2:44 pm by Law Lady
Weekly D355bCriminal law -- Jurors -- Peremptory challenge -- Gender discrimination -- State's explanation that it had a bad feeling about juror was not a valid gender-neutral explanation for strike of last male on panel -- Trial court erred in upholding strike based upon fact that state had struck an equal number of male and female jurors -- It is improper for court to consider overall makeup of jurors that have been seated in determining sufficiency of gender-neutral reason… [read post]
30 Mar 2010, 1:09 pm
While the complaining DME competitors sufficiently alleged agreement between the hospitals and their captive DME providers to state a claim that they were acting in concert, the concerted actions in which they engaged did not state an antitrust claim for which relief could be granted. [read post]
28 Mar 2010, 11:30 pm by Peter A. Mahler
  The buyout documentation included a "Certificate" executed by the plaintiffs stating that "each of the undersigned sellers agrees that Steve Tzolis has no fiduciary duty to the undersigned sellers in connection with [the sales of their interests]. [read post]
  Instead, these are actually option agreements, with the seller obligated to hold open its offer to sell on the stated terms of the agreement, and the buyer holding the power to accept or reject the offer. [read post]