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26 Mar 2021, 8:03 pm by Peter S. Lubin and Patrick Austermuehle
The Court identified two methods for raising an inference of copying: (1) proof of access to the original work and (2) proof that, even in the absence of access, the two works are strikingly similar. [read post]
26 Jun 2018, 3:55 pm by Thomas Fisher
Cleburne Living Center Inc., for the point that rational-basis doctrine comes down to whether a connection exists between means and asserted legitimate ends, not evidence of bad faith (no matter how direct). [read post]
18 Dec 2017, 7:13 am by Joy Waltemath
The ALJ applied the standard adopted in Browning-Ferris Industries of California, Inc. dba BFI Newby Island Recyclery. [read post]
16 Oct 2013, 2:50 pm by Lyle Denniston
Among the cases that the Court refused to review were Nokia Inc. v. [read post]
11 Dec 2011, 2:01 am by Robert Thomas (inversecondemnation.com)
Inc., 544 U.S. 528 (2005), which was ostensibly designed to lower gas prices, but did no such thing. [read post]
9 Jun 2011, 3:14 pm by Daniel Reid
 He purchased the house in May 2001 for the sum of $220,000 and lived in the house over the relevant time period. [read post]
5 Nov 2008, 9:49 am
A copy of the list of assets that can be deducted on the inheritance tax is attached hereto.Since you will be involved as the Personal Representative of this Estate, you should be aware that, pursuant to the relativity recent United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. [read post]
27 Jul 2012, 12:40 pm by Bexis
  The off-label information may well be very useful, even critical, to physicians trying to save lives and preserve health. [read post]
3 May 2016, 2:41 pm by Rebecca Tushnet
   Sarah Feingold, Etsy, Inc.: Free speech—we need the internet as it is, doing pretty well. [read post]
29 Feb 2012, 12:07 pm
This appeal by the widow follows, in which she contends that the trial court erred by (1) exceeding its subject matter jurisdiction, (2) allowing the bank and decedent’s parents to raise objections, (3) converting caveats challenging title into caveats as to the nature and amount of year’s support, and (4) improperly shifting the burden of proof to the widow. [read post]
23 Mar 2010, 4:04 am by Sean Wajert
United Parcel Service, Inc., 574 F.3d 169 (3d Cir. 2009). [read post]
24 Jul 2021, 11:51 am by admin
First, the burden of proof shifted from the plaintiff, who originally had to show each defendant’s share, to the defendants, who had to show their individual shares in order to avoid joint and several liability. [read post]
28 Mar 2011, 12:12 pm by Lyle Denniston
  The first of these deals with proof of the risks that would be faced if the individuals were to sue alone. [read post]
20 Jun 2011, 12:02 pm by Lyle Denniston
  That is the case of Philip Morris USA, Inc., et al., v. [read post]
5 Dec 2022, 1:03 pm by Edward T. Kang and Kandis Kovalsky
While the vast majority of the players in the industry are focused on saving lives and improving health care for patients, fraudsters use this goodwill to their benefit. [read post]
21 Jun 2013, 12:56 pm by Tejinder Singh
The Inter Tribal Council of Arizona, Inc., in which the Court ruled, in an opinion by Justice Scalia, that Arizona’s proof-of-citizenship requirement for voter registrants is preempted by the National Voter Registration Act, which requires states to “accept and use” a federal form for voter registration. [read post]