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24 Jan 2011, 11:25 am by Tana Fye
              The existing Indian family exception is a judicially created doctrine holding that the ICWA does not apply to those Indian children who have never been a member of an Indian home or culture and probably never would be.[14]  Prior to the United States Supreme Court’s decision in Mississippi Band of Choctaw Indians[15], many states adopted the existing Indian family exception. [read post]
22 Jan 2011, 9:37 am by Geoffrey Rapp
Locke, Does anti-paparazzi mean anti-press? [read post]
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]