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31 Aug 2015, 2:10 pm
 `Dismissal under Federal Rules of Civil Procedure Rule 12(b)(6) is appropriate when a defendant raises a statutory bar,’ such as lack of timeliness, `as an affirmative defense and it is clear from the face of the complaint, and matters of which the court may take judicial notice, that the plaintiff's claims are barred as a matter of law. [read post]
31 Aug 2015, 7:50 am
Whether you are drafting commercial agreements, or statutory law, dot your i’s, cross your t’s, and don’t forget your commas. [read post]
31 Aug 2015, 7:21 am by Ken White
Notice that the language of that order doesn't just address the one specific comment. [read post]
31 Aug 2015, 3:26 am by Peter Mahler
” Fourth, “[w]hen one contributes something of value to a business, she no longer fully owns that asset. [read post]
26 Aug 2015, 3:46 am
  It then went on to explain that[i]t is widely accepted that a public school teacher has no reasonable expectation of privacy in a classroom setting. [read post]
24 Aug 2015, 6:07 am
While I can't give you the specifics, it included information sufficient for me to believe the reviewer was a client of yours. [read post]
24 Aug 2015, 5:00 am
It wasn’t a complete win, but the summary judgment outcome in Rheinfrank v. [read post]
22 Aug 2015, 6:38 am by Quinta Jurecic
Instead, the documents suggest that the NSA obtained data from the backbone through telecommunications providers such as AT&T. [read post]
21 Aug 2015, 1:33 pm
 “I’m not a doctor, but I play one on TV” – shorthand for “I am pretending to know what I’m talking about, but I really don’t. [read post]
21 Aug 2015, 11:28 am
Maybe he couldn’t have done this on his own, but it was close enough that congressional authorization pushed it over the edge—which might not have worked for purely domestic subject matter. [read post]
21 Aug 2015, 10:11 am by Rebecca Tushnet
  “[W]here the named juice is not the predominant juice, the common or usual name for the product shall ... [read post]
20 Aug 2015, 6:30 am
They don't have any mechanism to pay for one's oncologist or nephrologist, or the ER doc, for that matter. [read post]
19 Aug 2015, 6:59 am by Doug Cornelius
” The same employee advised a colleague in human resources: “[W]e have to be careful about this. [read post]
18 Aug 2015, 11:46 am by Arthur F. Coon
” Second, the authors would curtail duplicative lawsuits by providing that “projects that comply with approved land use plans for which a lawful CEQA process was already completed [w]ould not be subject to repeated CEQA litigation by staunch plan opponents. [read post]
18 Aug 2015, 4:18 am by Charlie Dunlap
  The purpose of and rationale for the conflict isn’t very clear or, for that matter, persuasive. [read post]
18 Aug 2015, 3:56 am by Jon Hyman
      Related StoriesEven lone-wolf activity is concerted, according to NLRBIt shouldn’t be newsworthy when a court applies “common sense” to resolve a disputeRacist comments as protected concerted activity (really!) [read post]