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26 Nov 2011, 10:16 am
See Velasquez v. [read post]
27 Jan 2013, 11:29 am
On January 10, in Fleming v. [read post]
19 Apr 2011, 10:30 am
Title: Jones v. [read post]
2 Nov 2011, 3:05 am
However, those issues were raised and decided against plaintiff in the underlying action (Frankel v Hirsch, 38 AD3d 712 [2007]), where he had a full and fair opportunity to litigate them, and he is precluded by the doctrine of collateral estoppel from re-litigating them in this action (see Ryan v New York Tel. [read post]
14 May 2009, 2:43 am
George v Eagle Air Services Ltd “The doctrine of res ipsa loquitur applied in aviation cases where a claim for damages was based on an allegation of negligence which caused an aircraft to crash. [read post]
15 May 2009, 2:30 am
George v Eagle Air Services Ltd and Others Privy Council “The doctrine of res ipsa loquitur, the thing speaks for itself, applied in a claim for damages arising out of an allegation of negligence causing an air crash, so that the burden of proof shifted to the defendant owners and operators of the aircraft to produce an [...] [read post]
18 Jan 2011, 11:31 am
As covered earlier here, the Supreme Court heard oral argument today in Smith v. [read post]
24 Feb 2009, 1:26 pm
United States v. [read post]
8 Oct 2015, 3:16 pm
The question then becomes whether a reasonable person in the employee’s position would have accepted the employer’s offer of re-employment.[1] In Fredrickson v. [read post]
19 Apr 2011, 9:11 am
Drawing upon a rule articulated in dicta by Judge Rich in In re Handel, 312 F.2d 943, 946 n.2 (CCPA 1963), an implication of the rule in In re Muller, 417 F.2d 1387 (CCPA 1969), and an assumption of the rule in Hewlett-Packard Co. v. [read post]
21 Jun 2011, 12:40 pm
Ochoa v. [read post]
17 Jun 2016, 5:45 am
In re A.L.C., 607 F. [read post]
30 Sep 2007, 5:51 am
As readers of this blog know, we're keenly interested in Warner-Lambert v. [read post]
4 Jan 2011, 1:43 pm
Promotional music CDs that were sent, unsolicited, from a record company to music critics and radio stations, were subject to “first sale doctrine” and could be freely re-sold—notwithstanding a disclaimer stating that the discs were licensed only and could not be re-sold or transferred.In UMG Recordings, Inc. v. [read post]
13 Aug 2008, 6:48 am
When we're blogging, sometimes we feel like we're doing legal research or trying to advance the law.Other times, we feel like we're just nudging our friends, so they don't overlook something that might interest them.This post is of the friendly sort:Don't overlook this article in this morning's Wall Street Journal about the intense lobbying behind the scenes in Wyeth v. [read post]
21 Dec 2008, 11:25 am
See SEC v. [read post]
1 Jun 2007, 3:38 am
Per Frank v. [read post]
18 Oct 2015, 8:00 pm
In the decision of Fredrickson v. [read post]
4 Jun 2012, 7:06 am
This was illustrated once again in an appellate case out of Tennessee, In re: Smyth v. [read post]
2 Sep 2011, 9:43 am
State v. [read post]
