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21 Sep 2010, 5:02 am by B.W. Barnett
U.S.), 2004 I.C.J. 12, 52 97 (Judgment of Mar. 31)). [read post]
20 Sep 2010, 7:18 am
” This ruling was not an abuse of discretion, the appellate court held.The September 16 decision in Bridge Capital Fund Corp. v. [read post]
16 Sep 2010, 5:57 pm
Schnorf, CCH Business Franchise Guide 14,458. [read post]
13 Sep 2010, 9:00 pm
Because the TCPA used state law to define the federal cause of action, and the state refused to recognize that cause of action, there remained nothing to which any grant of federal jurisdiction could attach, the court concluded.The decision is Holster v. [read post]
13 Sep 2010, 6:07 pm by Keith Kanouse
The vast majority of today's franchise agreements (that is, "one-sided, franchisor-oriented") normally contain the following provision as one of the conditions to the franchisor agreeing to renew the franchise agreement at the end of the initial term: The Franchisee will sign the Franchisor's then-current form of Franchise Agreement, which agreement may contain terms materially different than the terms of this Agreement. [read post]
13 Sep 2010, 4:19 am by Angus McCullough QC
 The following quote gives a flavour of Lord Bingham’s view: In M v Secretary of State for the Home Department [2004] EWCA Civ 324, [2004] 2 All ER 863, the Court of Appeal acknowledged in para 13 that a person appealing to SIAC, in much the same position as the appellant would be under the proposed procedure, was “undoubtedly under a grave disadvantage” and, in para 16, that “To be detained without being charged or tried or even… [read post]
10 Sep 2010, 8:07 am by Bexis
General Motors Corp., 575 P.2d 1162, 1168-69 (Cal. 1978); see State Dept. of Health Services v. [read post]
8 Sep 2010, 3:21 pm
(In re Tamoxifen Citrate Antitrust Litig.), 2006-2 Trade Cases 75,382. [read post]
8 Sep 2010, 7:35 am
The connection can be based on the residence of the person or a business connection within the territory of a taxing State or a situation within the State of the money or property from which the taxable income is derived;(vi) TDS provisions which are in the nature of machinery provisions constitute an integrated Code under the Act of 1961 together with charging provisions. [read post]
7 Sep 2010, 6:10 pm by Kelly
Highlights this week included: CAFC: Disclosure that merely allows PHOSITA to ‘envision’ the claimed invention fails written description: Goeddel v Sugano (Peter Zura’s 271 Patent Blog) (Patently-O) (Patent Prospector) Evista (Raloxifene) – US: CAFC upholds decision against Teva: Eli Lilly & Co v Teva Pharmaceuticals USA, Inc (Patent Docs) (The IP Factor) Aranesp (Darbepoetin) – EU: ECJ says ‘no’ to Kirin Amgen, ‘yes’ to… [read post]
7 Sep 2010, 9:00 am by Law is Cool
 Carey Canada Inc. in para. 27 of their Responding Factum, and state that the novelty of a cause of action should not by itself result in it being struck. [read post]