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25 Aug 2011, 10:42 pm by Russell Jackson
  Establishing a design defect requires a risk-utility balancing, whereas the "malfunction" exception is tantamount to using a "consumer expectations" test for design defect with no justification for the switch in standards. [read post]
25 Aug 2011, 7:01 am by Bexis
  If the plaintiff’s amendment doesn’t meet the TwIqbal standards laid out by the court, we expect to see Leonard dismissed.TwIqbal And Judicial Notice, Perfect TogetherAnother goodie is Salvio v. [read post]
23 Aug 2011, 4:21 pm
  There might well be people, for example, who used the coupons. [read post]
23 Aug 2011, 2:00 am by Kara OBrien
The following is our monthly featured post from Terry Nelson,  Peter Fetzer and Michael Primo of Foley & Lardner filling you in on the latest developments in the world of investment management. [read post]
18 Aug 2011, 3:01 pm by Oliver G. Randl
Reference is made to T 1819/07, where the following is stated under point 3.2 of the reasons:“... average particle sizes (more precisely: mean particle diameters) such as the arithmetic mean diameter (or count mean diameter) ð, the volume or mass mean diameter ðv and the mean surface area diameter ðs are among the most commonly used quantities for describing the average diameter of a particle population (...). [read post]
17 Aug 2011, 1:22 pm by WIMS
See Energy Conservation Standards for Small Electric Motors: Final Rule, 75 Fed. [read post]
17 Aug 2011, 2:00 am by Kara OBrien
 The discovery necessary to pursue this potential claim, however, precisely overlaps with that needed to investigate the related price and process claim. [read post]
15 Aug 2011, 10:55 pm by 1 Crown Office Row
Which is exactly what happened in the Binyam Mohamed case, and precisely why the Court of Appeal rejected the Foreign Secretary’s submission that the control principle was absolute in that case. [read post]
14 Aug 2011, 11:13 am
The Seventh Circuit stated that:"never before has survey research been used to determine the meaning of words, or to set the standard to which objectively verifiable claims must be held. [read post]
14 Aug 2011, 10:02 am by Lawrence Solum
  And a final example is provided by Article V of the United States Constitution. [read post]
14 Aug 2011, 8:39 am by Rick Hills
Therefore, if you want a detailed analysis of why the 11th Circuit's recent opinion in Florida v. [read post]