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The court of appeals noted that res judicata does not apply when a party does not have “a ‘full and fair opportunity’ to litigate a claim or issue. [read post]
23 May 2011, 10:10 am by Venkat
The enforcement lawsuits can directly backfire (see, e.g., the Barclay's v. theflyonthewall lawsuit) because the plaintiff ends up talking out of both sides of its mouth: it says X isn't permissible when we're the rightsholders, but X is permissible when we're the aggregator. [read post]
19 Jun 2009, 4:23 am
  How does one square these contradictory settings? [read post]
22 Jan 2010, 8:45 pm by Lisa McElroy
While it does happen from time to time that a case will be at the Court that long, it certainly does not happen often. [read post]
29 Nov 2007, 10:36 am
Anyway, since we're big fans of medical device (and all kinds of) preemption, we're happy - if belated - puppies.Here's a link to the SG's Riegel merits amicus brief. [read post]
8 Jan 2011, 2:22 pm by pgbarnes
Does anyone know of a so-called independent review by a law firm that found the employer was completely un-justified in its actions (and thus potentially liable for serious monetary damages). [read post]
26 Jun 2008, 6:31 pm
See In re Farm Raised Salmon Cases, 175 P.3d 1170, 1178 (Cal. 2008); Vermont Pure Holdings, Ltd. v. [read post]