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15 Nov 2010, 4:18 am by Kelly
Fairbanks Scales Inc et al (EDTexweblog.com) District Court W D North Carolina: When an assignor is not stopped: Borgwarmer v Honeywell (Property, intangible) Bull in Bilski’s china shop: B of A’s financial instrument: Ex Parte Birle (12:01 Tuesday) District Court S D Florida: Court labels claims transformed in patent reexamination mere disguise: Aspex Eyewear v Marchon Eyewear (Patents Post Grant Blog) District Court S D California: ‘Unreasonable,’… [read post]
29 Oct 2010, 6:07 am by Federal and Extradition Defense
Detention in custody can be justified only if it is necessary: (a) to ensure attendance in court; or (b) for the protection or safety of the public; or(c) to maintain confidence in the administration of justice considering the strength of the case, the gravity of the offence, the circumstances surrounding the commission of the offence, and the length imprisonment on conviction. [read post]
31 May 2021, 6:47 am by Chukwuma Okoli
The Court of Appeal held that the concept of territorial jurisdiction for breach of contract is based on any or a combination of the following three factors – (a) where the contract was made (lex loci contractus); (b) where the contract is to be performed (lex loci loci solutions);.and (c) where the defendant resides. [read post]
7 Mar 2016, 4:00 am by Malcolm Mercer
Since MacDonald Estate, there has been deep consideration of solicitor-client privilege and litigation privilege in the Supreme Court of Canada as can be seen from the following lengthy (and incomplete) case list: Smith v. [read post]
20 Aug 2023, 9:01 pm by renholding
” Plaintiffs alleged that these statements were false or misleading, in violation of Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, in light of allegedly undisclosed conflicts of interest in collateralized debt obligations. [read post]
23 Jan 2021, 9:51 am by Russell Knight
App.3d 793, 798, 14 Ill.Dec. 416, 372 N.E.2d 427 (1978), quoting Ill.Ann.Stat., ch. 110, par. 57.1, Historical & Practice Notes, at 132 (Smith-Hurd 1968). [read post]
29 Jul 2018, 6:28 pm by Omar Ha-Redeye
There is nothing in s. 2(b) that guarantees, or elevates to constitutional status, the number of members on a municipal council relative to the number of electors: Reference re Electoral Boundaries Commission Act (Saskatchewan), 1991 CanLII 61 (SCC), [1991] 2 S.C.R. 158 at p. 184, 5 C.R.R. (2d) 1 at p. 10. [read post]
29 Nov 2010, 12:23 am by Kelly
William Bounds, Ltd (Docket Report) District Court N D Illinois: False patent marking plaintiff must meet rule 9(b) pleading for intent: Simonian v. [read post]
16 Jan 2012, 9:30 am by Dennis Crouch
§122(e) – found in Section 8 of the AIA [Leahy Smith America Invents Act]. 35 U.S.C. [read post]
10 May 2020, 8:01 am by Russell Knight
“In all post-judgment proceedings in which a party is seeking to establish, modify or enforce an order of…child support… the parties shall exchange a completed “Financial Affidavit”” Cook County Court Rule 13.3.1(b) What If The Change In Circumstances Is Voluntary? [read post]
27 Feb 2022, 9:05 pm by Cookson Beecher
And some fruits and vegetables do bear small stick-on labels talking about their country of origin — Granny Smith apples from New Zealand or onions (in winter) from South America everything in the store. [read post]
13 Dec 2019, 9:29 am by Michael Lowe
Penal Code §21.02 it is a defined “affirmative defense to prosecution” if the accused can show three things: (1)  the actor was not more than five years older than (A)  the victim of the offense, if the offense is alleged to have been committed against only one victim or (B)  the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim; (2)  the actor did not use duress, force, or a threat against a… [read post]
6 Aug 2024, 9:05 pm by renholding
The U.S. debate on corporate purpose centers on whether corporations should prioritize shareholders’ interests over the well-being of non-shareholder constituencies. [read post]
18 Jul 2014, 11:55 am
Smith & Nephew, 2005 WL 3470337, at *5 (M.D. [read post]
6 Aug 2018, 8:38 pm
(Pix © Larry Catá Backer 2018)Last year I taught a course on Corporate Social Responsibility Law for the very first time (Corporate Social Responsibility Law--A Tentative Syllabus). [read post]