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14 Sep 2013, 11:28 am by Donald Thompson
 In such situations, the prosecutor may be relying on evidence that exists in the case, but characterizes it differently depending on what suits the prosecutor’s theory, even if the arguments made in both cases are  mutually inconsistent (see, e.g., Smith v Groose, 205 F3d 1045, 1050 [8th Cir 2000]; Thompson v Calderon, 120 F3d 1045 [9th Cir 1997], rev’d on other grounds 523 US 538; United States v Salerno, 937 F2d 797, 812 [2nd Cir 1991],… [read post]
8 Aug 2013, 5:00 am by Bexis
Smith & Nephew Richards, Inc., 1999 WL 980159, at *1 (E.D. [read post]
1 Aug 2013, 4:39 am by Charles Sartain
Posted by Charles SartainCo-author Brooke Sizer PanAmerican Operating Inc. v. [read post]
30 Jul 2013, 2:01 pm by Bexis
Lexis 1688, at *25-26 n.8 (citing Wyeth v. [read post]
22 Jul 2013, 1:51 pm by John J. Sullivan
  That said, it isn’t too surprising since it comes from a court bound by the 7th Circuit’s decision in Bausch v. [read post]
15 Jun 2013, 3:21 pm by Schachtman
” RMSE3d at 582 n.93; id. at 582 n.94 (“Thus, in Smith v. [read post]
13 Jun 2013, 1:26 pm by David Cheifetz
Justice Smith, writing for the majority, in Sam v. [read post]
3 May 2013, 5:05 pm by INFORRM
Many seek to characterise them as profiting from infringement and duty bound to prevent the use of their services by infringers. [read post]