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20 Jan 2011, 5:22 pm by Venkat
" The court disagrees with the trial court's conclusion on preemption and provides two main reasons, along with a lengthy discussion (and canvassing of the case law): (1) the language of the preemption clause does not support a finding of preemption; (2) allowing state law claims that reach misleading but not fraudulent emails would not undermine a national standard. [read post]
19 Jan 2011, 2:56 pm by Steve Bainbridge
" If the right to decide belongs to the shareholders, however, what relevance does the board's motives have? [read post]
19 Jan 2011, 2:14 am by John Day
Unfortunately, the Report does not tell us whether the damage awards were in jury or non-jury trials. [read post]
17 Jan 2011, 11:48 am by John L. Welch
" Decision as PrecedentialPrededential No. 34: TTAB Affirms Refusal to Register "Beer Glass and Stand" Packaging for Lack of Distinctiveness Fraud: Precedential No. 36: TTAB Refuses to Find Fraudulent Intent Where Applicant Relied on Advice of CounselPrecedential No. 16: Fraud Claim Survives Motion to Dismiss; Facts Pleaded with Sufficient ParticularityPrecedential No. 2: TTAB Okays Fraud Pleading But Denies Summary Judgment on Intent Issue Genericness: Precedential No. 45: TTAB Finds… [read post]
15 Jan 2011, 11:08 am by Tana Fye
  Those states were Alaska[1], Arizona[2], Idaho[3], Michigan[4], New York[5], North Dakota[6], and Utah[7]. [read post]
15 Jan 2011, 11:08 am by Tana Fye
  Those states were Alaska[1], Arizona[2], Idaho[3], Michigan[4], New York[5], North Dakota[6], and Utah[7]. [read post]
14 Jan 2011, 9:21 am by Adam Baker
This said, Iacobucci J also indicated that “the rejection of the lowest bid would not imply that a tender could be accepted on the basis of some undisclosed criterion” (paras 46-47). [read post]
14 Jan 2011, 9:21 am by Adam Baker
This said, Iacobucci J also indicated that “the rejection of the lowest bid would not imply that a tender could be accepted on the basis of some undisclosed criterion” (paras 46-47). [read post]
13 Jan 2011, 9:11 pm
  However, the Insurance Law does not set forth comparable statutory exclusions for corporations licensed pursuant to Article 43 of the Insurance Law, municipal cooperative health benefit plans issued a certificate of authority pursuant to Article 47 of the Insurance Law, or for health maintenance organizations (“HMOs”). [read post]
13 Jan 2011, 11:08 am by Tana Fye
Serr.[44]  The child involved in that case, Danette, was born out of wedlock to a non-Indian mother and a father who was a member of the Cheyenne River Sioux Tribe.[45]  The mother was the sole caregiver and provider for Danette for her early life; and the father paid no child support and very few of Danette’s expenses.[46]  When Danette was about five years old, the mother met and married a man named Greg Serr; and about two years later, they commenced proceedings for Serr to… [read post]
13 Jan 2011, 11:08 am by Tana Fye
Serr.[44]  The child involved in that case, Danette, was born out of wedlock to a non-Indian mother and a father who was a member of the Cheyenne River Sioux Tribe.[45]  The mother was the sole caregiver and provider for Danette for her early life; and the father paid no child support and very few of Danette’s expenses.[46]  When Danette was about five years old, the mother met and married a man named Greg Serr; and about two years later, they commenced proceedings for Serr to… [read post]
13 Jan 2011, 1:17 am by Fathima Cader
Amselem, 2004 SCC 47, the preliminary inquiry judge must begin by determining whether the witness’s choice to wear the niqab is religiously motivated and whether the witness holds those religious beliefs sincerely. [read post]
12 Jan 2011, 9:36 am by Sherri Johnson
  Another court denied an exemption to the Palm Beach Community Church for 47 acres on which it had planned to build a church. [read post]
12 Jan 2011, 9:36 am by Sherri Johnson
  Another court denied an exemption to the Palm Beach Community Church for 47 acres on which it had planned to build a church. [read post]