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26 Jul 2012, 12:54 pm by Roy Ginsburg
The district court explained in more detail that “the franchisor does everything in its pow [read post]
25 Jul 2012, 9:15 am by Michelle Yeary
  The court’s reasoning was twofold:  (1) nothing in the lead Pennsylvania cases “unambiguously precludes all strict-liability claims against a [drug/device] manufacturer, id. at *16-17 (see discussion of cases in footnote 9); and (2) “the fact that the Pennsylvania Supreme Court decided to apply a negligence standard to failure-to-warn claims does not necessarily mean that the court would similarly adopt a negligence standard for manufacturing-defect… [read post]
24 Jul 2012, 12:00 am by Poppy Weston-Davies
Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37; Society of Composers, Authors and Music Publishers of Canada v. [read post]
23 Jul 2012, 5:04 pm by INFORRM
He also made it clear, citing A-G v MGN Ltd [1997] 1 All ER 456 at 460 and A-G v Express Newspapers [2005] EMLR 13, that the issue of risk must be looked at individually in relation to each newspaper article, and the cumulative effect must not be considered. [read post]
23 Jul 2012, 5:01 pm by oliver
This contrasts with the statement of the advisor, who does not remember any phone call. [read post]
23 Jul 2012, 4:30 am by Gene Quinn
For example, according to 37 CFR 1.311(b), an authorization to charge the issue fee (37 CFR 1.18) to a deposit account may be filed in an individual application only after the mailing of the notice of allowance. 37 CFR 1.25(b) also makes clear that a general authorization made prior to the mailing of a notice of allowance does not apply to issue fees under 37 CFR 1.18. [read post]
23 Jul 2012, 2:26 am by Edgar (aka MrConsumer)
Massachusetts law, for example, does not allow “up to” claims in advertising. [read post]
19 Jul 2012, 4:07 pm by Schachtman
Kan. 2003) (Rule  26(a)(2) “does not require that a report recite each minute fact or piece of scientific information that might be elicited on direct examination to establish the admissibility of the expert opinion … Nor does it require the expert to anticipate every criticism and articulate every nano-detail that might be involved in defending the opinion[.] [read post]
19 Jul 2012, 2:14 pm
” 8:37 No, in all these things we have complete victory through him who loved us! [read post]
19 Jul 2012, 10:00 am by Michael C. Smith
"  Accordingly, in light of ICE & OVS’s representation that it (1) does not have specific revenue figures for Hybrid sales only and (2) cannot calculate Hybrid sales only revenue information, "the course of action most likely to lead to the discovery of admissible evidence is for ICE & OVS to provide Total Revenue information in response to Interrogatory No. 2. [read post]
18 Jul 2012, 6:31 am by admin
  How many psychiatrists does it take to change a light bulb? [read post]
17 Jul 2012, 11:40 am by emagraken
… (2)        In subsection (1)(f), “element of race or speed test” means driving at high speed, and includes passing manoeuvres, driving in close proximity to another vehicle or assessing vehicle limitations in speed, acceleration, turning or braking… [37] On the evidence, I am satisfied that the activity in which the vehicle was used was an event that can fairly be described as advanced driver training. [read post]
17 Jul 2012, 11:40 am by emagraken
… (2)        In subsection (1)(f), “element of race or speed test” means driving at high speed, and includes passing manoeuvres, driving in close proximity to another vehicle or assessing vehicle limitations in speed, acceleration, turning or braking… [37] On the evidence, I am satisfied that the activity in which the vehicle was used was an event that can fairly be described as advanced driver training. [read post]
16 Jul 2012, 6:00 am by Tyler Moore
Mississippi Phosphates Corp., 37 BRBS 58 (2003). [read post]
16 Jul 2012, 5:44 am by Legal Beagle
Similarly, the swings and roundabouts approach does not apply in the face of significant expenditure. [read post]
16 Jul 2012, 5:44 am by Legal Beagle
Similarly, the swings and roundabouts approach does not apply in the face of significant expenditure. [read post]
15 Jul 2012, 8:28 pm
The Court of Appeals said that the public policy issue concerned DOI’s ability to conduct its criminal investigations and thus it has recognized that “[p]ublic policy whether derived from, and whether explicit or implicit in statute or decisional law, or in neither, may restrict the freedom to arbitrate,” citing Susquehanna Valley School District v Susquehanna Valley Teachers Association, 37 NY2d 614. [read post]