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15 Sep 2011, 5:31 pm by Rebecca Tushnet
” Moreover, these decisions to buy the yogurt don’t, as a matter of law, contradict a potential finding of materiality; materiality exists when “a reasonable man would attach importance to [a fact’s] existence or nonexistence in determining his choice of action in the transaction in question. [read post]
15 Dec 2017, 9:24 am by Eugene Volokh
See, e.g., In re Riverbank Canning Co., 95 F.2d 327, 329 (CCPA 1938) (MADONNA for wine); Ex parte Martha Maid Mfg. [read post]
20 Apr 2015, 5:04 am by Rebecca Tushnet
  The court here found that it had subject matter jurisdiction and that the foreign licensee could state a Lanham Act claim. [read post]
9 Oct 2014, 2:10 pm
  That plaintiffs didn’t call their claims “fraud on the FDA” didn’t matter. [read post]
28 Oct 2021, 2:04 pm by Daniel Shaviro
Why progressivity matters - Arguably, this section title should change to better tip off to readers its content and main takeaway. [read post]
21 Feb 2023, 6:41 am by Andy Wright
Morgan, Deputy Counsel to the President, Advisory Commission on Intergovernmental Relations, 2 (Feb. 7, 1969) (“[T]he Vice President has now assumed a particular place in Government in which his status may be characterized as Legislative or Executive depending on the context. [read post]
3 Oct 2021, 5:32 pm by Omar Ha-Redeye
That doesn’t mean that everyone is comfortable with the change, and won’t attempt to resist it. [read post]
19 Jun 2011, 10:13 pm
[T]he evidence in the movant's favor must be so powerful that no reasonable jury would be free to disbelieve it. [read post]
2 Jun 2018, 9:18 pm by Coral Beach
Cook all raw poultry to an internal temperature of 165ºF. [read post]