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18 Jul 2019, 11:24 pm by Florian Mueller
In that case, the result was basically just a binary yes-or-no piece of information on whether a certain medical condition was present.The relevant line-drawing is centered around the question of whether the transmitted data bears actual and technical characteristics engraved by the patented process. [read post]
18 Jul 2019, 8:38 am
Additionally, [plaintiff's] general job performance records reasonably bear on the defendant's stated reason for [plaintiff's] demotion[.] [read post]
17 Jul 2019, 8:20 am by Eugene Volokh
"[V]igorous participation in athletic activities" would be deterred. [read post]
17 Jul 2019, 4:04 am by Edith Roberts
At The Atlantic, Sarah Seo argues that Mitchell v. [read post]
17 Jul 2019, 4:00 am by Alan Macek
In Mission Product Holdings Inc. v. [read post]
16 Jul 2019, 2:25 am by Jane Meacham, Contributing Editor
The 1st Circuit held in 2018 that the defendants bear the burden of showing loss causation in ERISA fiduciary breach cases, an opinion shared by the 4th, 5th, and 8th circuits (Brotherston v. [read post]
15 Jul 2019, 5:01 am by Eugene Volokh
The Tenth Circuit has not yet ruled on whether such a First Amendment right of access exists in civil cases, see United States v. [read post]
11 Jul 2019, 9:05 pm by Gordon D. Todd
Surrounded by 5-4 nail-biters, the 3-3-3 split generated by Virginia Uranium v. [read post]
10 Jul 2019, 4:38 pm by INFORRM
On 2 July 2019, Advocate General (AG) Bobek delivered his opinion in Case C-240/18 P Constantin Film Produktion GmbH v European Union Intellectual Property Office (EUIPO), advising that the EUIPO’s decision to reject the registration of the trade mark ‘Fack Ju Göhte’ because it was too offensive should be annulled. [read post]
10 Jul 2019, 9:36 am by David Post
The census citizenship question case (New York et al. v Dep't of Commerce, back in the SDNY after remand from the Supreme Court in June) has taken a strange new turn. [read post]
10 Jul 2019, 7:08 am by Marty Lederman
 * * * *The Supreme Court explained, in the second of its ACA cases (King v. [read post]
9 Jul 2019, 7:22 pm by Second Circuit Civil Rights Blog
” And, "The public presentation of the Account and the webpage associated with ii bear all the trappings of an official, state‐run account. [read post]