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” That canon applies just as strongly after the 2017 amendment as it did in 2012 when NFIB was decided, and the canon means that if the challengers’ proposed reading would render the provision unconstitutional, then the Court must reject their reading in favor of any other “fairly possible” interpretation that avoids the constitutional difficulty. [read post]
22 Feb 2018, 6:00 am by Josh Blackman
Other judges on the Fourth Circuit resolved the case entirely on statutory grounds through the application of the avoidance canon. [read post]
15 Nov 2016, 9:07 am by Schachtman
As do many defense lawyers, Richards treats the Hill factors as a canonical guide to causation. [read post]
28 Jun 2021, 9:45 am by Eugene Volokh
Applying the ejusdem generis canon, "otherwise objectionable" should be read as limited to material that is likewise covered by the CDA. [read post]
8 Nov 2007, 7:56 am
Box 2364 Colorado Springs, CO 80901 Phone: (719) 633-1133 E-mail: info@csdsa.org Web: http://www.csdsa.org Mile High Down Syndrome Association, Inc. [read post]
10 May 2015, 5:48 pm by WOLFGANG DEMINO
NEWEST ADDITION TO HECHT COURT'S IMMUNITY JURIS(MAL)PRUDENCE:    DRUNK DRIVER IMMUNITY    Here is yet another example of the Texas Supreme Court's penchant for creating and invoking immunity theories to deny plaintiffs their day in court against a party that caused injury, and thereby preventing a trial on the merits and recovery of damages from the tortfeasor proven to have committed the tort. [read post]
13 Oct 2008, 12:12 pm
ECJ clarifies rules relating to notice: K-Swiss Inc v OHIM (Class 46) EU Competitiveness Council resolution against counterfeiting and piracy (Class 46) EU states back three-point anti-piracy plan (Managing Intellectual Property) Fuel cells and wind power lead European patent filings for clean energy technology (Green Patent Blog) More non-minor geographical indicator (GI) amendments published (Class 46) No sign of any Community patent progress, despite Verheugen's optimism (IAM) The… [read post]
25 Jun 2023, 10:54 am by Eugene Volokh
[Here's a draft of my article, on the constitutionality of anti-BDS laws and other related matters, forthcoming in a symposium at The University of the Pacific Law Review.] [read post]
5 Feb 2007, 7:46 pm
(recognizing the "fundamental canon of statutory construction is that, unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning") (emphasis added). [read post]
15 Apr 2024, 9:01 pm by renholding
Two federal district courts recently upheld decisions by the Federal Reserve Bank of Kansas City (FRBKC) and the Federal Reserve Bank of San Francisco (FRBSF) to deny master account applications from Custodia Bank (Custodia) and PayServices Bank (PayServices). [read post]
27 Feb 2014, 1:42 pm by John Elwood
Omnicare, Inc. v. [read post]
3 Oct 2011, 12:39 pm by Lawrence B. Ebert
(no longer a party) by Bettcher Industries, Inc. [read post]
2 Aug 2008, 12:54 am
: (Holman’s Biotech IP Blog), Daiichi’s open offer for 20% in Ranbaxy awaits Sebi nod: (GenericsWeb), Australia/India: Strides shows thumbs up for Indian generic industry acquiring controlling interest in Ascent: (Spicy IP), Europe: Significant date ahead for EU Paediatric Regulation: (SPC Blog), India: Grave diggers, ‘immoral’ patent and the National Biotech Regulatory Authority: (Spicy IP), UK: Monster trade mark infringement case: court reveals its thinking… [read post]