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14 Aug 2019, 5:00 am
Editor’s note: This piece is in part a modified excerpt from the author's book, “Nobody’s Victim: Fighting Psychos, Stalkers, Pervs, and Trolls,” available from Penguin Random House on August 13, 2019. [read post]
21 Dec 2012, 11:41 am
Even though the opinion all but conceded that design claims would fail under the “sameness” analysis used by the Supreme Court in Mensing, the First Circuit decided that reasoning didn’t matter, dug in its heels, and ruled that, no matter what, it wasn’t going to preempt the plaintiff’s sole surviving claim. [read post]
25 Jan 2019, 11:09 am
” The more factually novel aspect of the indictment is what it says about Stone’s interactions with the Trump campaign and his service as an intermediary between the campaign and WikiLeaks—a role of which Stone has sometimes boasted. [read post]
30 Dec 2021, 4:01 am
Instead, it would likely make matters worse. [read post]
17 Jun 2015, 7:47 am
If the purpose of the second Schor factor is to prefer Article III adjudication for especially novel and/or significant legal claims, then, once again, it's hard to see how this factor weighs in favor of non-Article III military adjudication of domestic federal crimes. [read post]
2 Jun 2017, 11:59 am
” When judges must fill in gaps and try to give coherence to the tangle of statutes, the result is often inconsistency across jurisdictions and difficulty predicting how a novel set of facts might be read against the statutes. [read post]
13 Nov 2009, 4:29 am
Sonia Katyal, Fordham Law: Anti-branding and Stealth Marketing: The Love that Dare Not Speak its Name Wayne’s World (1992): Mike Myers & Dana Carvey are confronted with stardom when their cable access program is bought up. [read post]
20 Dec 2014, 11:54 am
” Nonetheless, when “the action of one State reaches … into the territory of another, … the question of the extent and the limitations of the rights of the two States becomes a matter of justiciable dispute between them. [read post]
13 May 2016, 7:55 am
The combined expansions of criminal coverage and the heightened severity of punishments are matters of grave concern that call for a serious rethinking of this project. [read post]
23 Sep 2016, 7:39 am
Plaintiffs also contend they raised novel issues of law, and therefore defendant was not entitled to an award of fees. [read post]
16 Oct 2020, 7:37 am
Civil Litigation Is Novel—and Precarious Despite today’s expectation of lawsuits to enforce congressional subpoenas, civil litigation as a compliance framework is novel. [read post]
9 Jul 2012, 1:11 pm
The question therefore of whether an invention is novel 'is wholly apart from whether the invention falls into a category of statutory subject matter.'" Diamond v. [read post]
29 Apr 2016, 3:54 am
Those collections included novels, children’s books, and books of poetry, but the “vast majority” of selections were “nonfiction, and most are out of print. [read post]
8 Feb 2013, 11:52 am
So no matter what, the recall couldn’t constitute a violation (and thus support a parallel claim) of a nonexistent FDA specification, and to the extent the plaintiff claimed ion permeability should have been a PMA spec, well, that& [read post]
12 Jan 2021, 12:18 pm
The Eighth Circuit cases are not clear, with at least one case treating it as a factual question by applying the clearly erroneous standard of review to an appeal of a preliminary injunction, and another stating that “[a] literally false statement can be determined as a matter of law, but whether a statement is misleading is considered a matter of fact. [read post]
24 Apr 2023, 7:04 am
Indeed, she observes, "[a]n official Star Trek novel is sold every thirteen seconds[.] [read post]
27 Nov 2015, 5:00 am
Thus, it didn’t matter if plaintiff’s reading of the extensive federal regulations concerning clinical trials was right or not. [read post]
6 Oct 2020, 11:11 am
As a quantitative matter, what was copied was a rounding error. [read post]
26 Mar 2013, 9:35 am
As such, it is recommended that you conduct your own additional research on the issue.As it is important that new decisions on this topic be publicized so that a consistent common law in this novel area can be developed. [read post]
11 Aug 2021, 7:22 pm
Specific containment measures were adjusted to the provincial, county and even community context, the capacity of the setting, and the nature of novel coronavirus transmission there.'[5] In addition, member states retain the right to refer any dispute about the IHR to the International Court of Justice, provided that each had submitted to its jurisdiction without filing any reservations with respect to the subject matter of the dispute in question; China has not filed any such… [read post]
