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Business and criminal law, health care reform, and chicken mole poblano and rosemary mashed potatoes
22 Jun 2012, 1:30 pm
RICHARD FELS, as attorney in fact for and on behalf of IRENE FELSENFELD, Appellee. 4th District.Civil rights -- Torts -- District court properly dismissed action against hospitals and state agency brought by Medicaid “medically needy” program beneficiaries alleging they were illegally billed for medical services provided by hospital defendants when defendants billed and received payment from agency which administers Florida's Medicaid program and billed plaintiffs for the same… [read post]
21 Jun 2012, 8:06 am
The NCBC as an expert body would have examined the claims of other backward classes vis-à-vis the minority backward classes. [read post]
20 Jun 2012, 2:32 am
In February 2012, the CAFC affirmed the TTAB's dismissal [TTABlogged here] of Opposer Coach's Section 2(d) and dilution-by-blurring claims, finding that Opposer had failed to prove likelihood of confusion or dilution vis-a-vis Applicant Triumph's mark COACH (in standard character, stylized, and design forms) for educational software and publications, and Opposer's registered mark COACH for handbags, luggage, and the like. [read post]
18 Jun 2012, 5:01 pm
In the present case, the Board cannot endorse the application of R 137(5) by the ED, for the following reasons:[2.2.1] First of all, the application of R 137(5) requires that the claims as amended relate to unsearched subject-matter.Even if the impugned decision does not state expressis verbis why the ED considered the subject-matter of amended claim 1 to be unsearched, the explanations offered in the reasons for the decision clearly show that the ED based its reasoning on the fact that the… [read post]
18 Jun 2012, 8:03 am
The DOL does not have the authority to make changes to ERISA, Congress does. [read post]
17 Jun 2012, 4:44 pm
While section 45 does not criminalize information exchanges themselves, the risk of such exchanges between competitors, without appropriate safeguards, is two-fold: first, exchanging (or discussing) competitively sensitive information may result in an agreement that contravenes section 45 (e.g., a price-fixing agreement); and second, an information exchange may be used by a court, the Competition Bureau or a private plaintiff to infer the existence of an agreement that violates section 45… [read post]
16 Jun 2012, 5:00 pm
When you start ed with no filename, it starts an empty buffer for you, much like vi does. [read post]
15 Jun 2012, 9:36 am
VI, cl. 2. [read post]
15 Jun 2012, 6:37 am
[vi] As I have anticipated, private legal transplant appears as a double-faced phenomenon. [read post]
14 Jun 2012, 9:44 am
Finally, please note the Working Party is a mere consultation body of the EEA Commission and its opinions do not produce any effect vis-à-vis third parties. [read post]
14 Jun 2012, 8:31 am
Moreover, a state-party to the LOSC (like China) might argue that, whatever the conventional rule, it is a persistent objector to any putative customary law analogue to the conventional rule vis-à-vis non-parties. [read post]
13 Jun 2012, 1:26 pm
Pursuant to this provision, any person may sue for damages if she/he has suffered loss or harm as result of (i) conduct that is contrary to one (or more) of the criminal provisions in Part VI of the Act, such as the conspiracy offense in section 45;[5] or (ii) the failure of any person to comply with an order of the Competition Tribunal or a court made the Act.[6] A successful plaintiff in a section 36 action may recover single damages equal to “an amount equal to the loss or damage… [read post]
13 Jun 2012, 5:04 am
Defendants move to dismiss Count VI, arguing that [Ehling] did not have a reasonable expectation of privacy in her Facebook posting. [read post]
12 Jun 2012, 6:00 am
Nevertheless, the categorical language of REAL ID does appear to satisfy St. [read post]
11 Jun 2012, 2:30 am
Switching from Paper to Electronic K-1s Provided that the electronic K-1 is an exact copy of the official Schedule K-1 and the partnership follows the procedures in the revenue procedure above, a partnership does not need to gain the approval of the IRS before switching to electronic K-1s. [read post]
10 Jun 2012, 2:45 pm
Robinson (Northwestern University): Disputing Dispersal: Frames, Repertoires, and Support Structures in Anti-HOPE VI Legal Campaigns William Rose (Albion College): Occasional Legislators: Law, Politics, and the Discourse of Judging Meredith Rossner (University of Western Sydney): Common Narrative and Community Cohesion: Toward a Micro-Level Theory of Deliberative Dynamics Jenny Roth (Lakehead University) and Monica Flegel (Lakehead University): It’s Like Rape: Exploring Social… [read post]
8 Jun 2012, 1:56 pm
§1981 and/or Title VI of the Civil Rights Act, 42 U.S.C. [read post]
8 Jun 2012, 5:00 am
[vi] Therefore, with new restrictions, it would appear at first blush that economic incentives alone are not a valid reason for not giving fans a voice. [read post]
7 Jun 2012, 8:55 pm
This hierarchical intervention creates an agency problem that does not receive sufficient attention in the open government discourse. [read post]
7 Jun 2012, 8:40 am
He actually wanted greater pension and health insurance leverage vis-a-vis his police and firefighters, although those unions are specifically exempted from Act 10 reforms. [read post]
