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13 Sep 2013, 1:18 pm
A jury awarded over $1.2 million on Groeneveld’s trade dress claims, but the majority found that Lubecore’s Rule 50 motion should’ve been granted. [read post]
12 Sep 2013, 7:37 am
Thankfully, design changes also happen to require prior FDA approval for all drugs, innovator or generic, and the Court was sufficiently repulsed by the remove-from-the-market rationale that it broadly rejected that theory as well (both in Bartlett).With impossibility preemption, we get a different focus – on whether a defendant can simultaneously comply with both (1) an immediate state-law obligation to make whatever changes are necessary for its product to be… [read post]
11 Sep 2013, 11:31 am
” What Does the National Survey on Drug Use Report? [read post]
11 Sep 2013, 8:02 am
…as does Pax. [read post]
11 Sep 2013, 8:01 am
That is, there is no requirement that a defendant actually believe the other party is a minor. [read post]
11 Sep 2013, 7:01 am
That is, there is no requirement that a defendant actually believe the other party is a minor. [read post]
9 Sep 2013, 10:28 am
But so does ridding countries of chemical weapons. [read post]
7 Sep 2013, 2:36 pm
At approximately 9:50 A.M. that day, D placed plaintiff under arrest. [read post]
6 Sep 2013, 5:23 pm
The City has answered for itself and for said defendant Police Officers. [read post]
6 Sep 2013, 9:04 am
Thus, jurors may find a defendant liable even if it is highly unlikely that he acted negligently, that is, the conjoined probability of the elements is much less than 50%. [read post]
4 Sep 2013, 7:38 am
It states that security to the amount of 100 million euros ($132 million) is required to prevent further enforcement of the injunction (further below you can see it's twice 50 million euros for technically two injunctions), an amount that is disproportionately high considering how blindingly obvious the invalidity of this patent is. [read post]
3 Sep 2013, 9:37 pm
Defenders of very broad executive power might argue that these kinds of constraints on presidential power are unconstitutional. [read post]
3 Sep 2013, 4:04 pm
Civil Rights Law §50-a(l) exempts from disclosure personnel records of police officers without the express written consent of the subject officer or a lawful court order. [read post]
3 Sep 2013, 7:24 am
Patterson) the Defendant brought a summary trial application seeking to dismiss the Plaintiff’s lawsuit. [read post]
3 Sep 2013, 4:00 am
Cross-posted on the Law Theories blog. [read post]
31 Aug 2013, 6:42 am
But it does mean you will have some leverage if things go wrong and it does mean you will at least have a chance. [read post]
30 Aug 2013, 8:49 am
These are among more than 50 patents asserted against HTC, which has already been found to infringe other Nokia patents and an injunction is already in effect in Germany as a result of those decisions. [read post]
27 Aug 2013, 10:01 am
Defendants said that to be considered SCR-Tech's "parent," Ebinger needed to be a majority owner with a greater than 50% interest. [read post]
26 Aug 2013, 7:34 am
The court granted defendant's motion to exclude the testimony of plaintiff's damages expert on a reasonable royalty rate because the expert improperly assumed that the starting point for a hypothetical negotiation would be 50% of defendant's gross profit margin. [read post]
26 Aug 2013, 3:48 am
In their reply memorandum of law (read here), defendants argued that Rapoport and other cases cited by Eastwood were distinguishable, and they instead cited cases recognizing the general enforceability of contractual anti-assignment provisions. [read post]
