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17 Sep 2014, 7:58 am by Lawrence Kasperek
Of Parole, 6 Misc3d 1010[A], 2005 NY Slip OP 51762[U] [2005], [Board’s role is to evaluate inmate’s current danger, not to resentence him by substituting its own opinion of the severity of his crime for that of the court]). [read post]
18 Jul 2014, 11:55 am
July 11, 2014) (applying Louisiana law), which we later found out was decided the same day.In one of our earlier posts, less than a week after Conte was decided, we made up an example to illustrate the potentially wide-ranging impact of allowing non-manufacturer liability for products based solely on “foreseeability”:Plaintiff New Dad gives plaintiff New Mom his old SUV, manufactured by Gasguzzlers ‘R Us, so she has something big and safe to drive New Baby around. [read post]
11 Jul 2014, 5:00 am
  “[U]nless” plaintiffs have “evidence that what St. [read post]
8 Jul 2014, 7:21 am by Docket Navigator
One of the 'traditional principles of equity' is that 'he who comes into equity must come with clean hands'. 'This maxim necessarily gives wide range to the equity court’s use of discretion in refusing to aid the unclean litigant.' '"[U]nclean hands" really just means that . . . the plaintiff’s fault, like the defendant’s, may be relevant to the question of what if any remedy the plaintiff is… [read post]
23 Jun 2014, 2:12 am
This Kat thinks that under US law the response should be pretty straightforward, in the sense of 'No' being likely answer, as any potentially infringing activities might be considered fair use within §107 of the Copyright Act, particularly because of their transformative nature [as recent examples, see Cariou v Prince, here, and Seltzer v Green Day, here]. [read post]
4 Jun 2014, 7:41 pm by Schachtman
Copper Range RR, 27 N.W.2d 603, 604 (Mich. 1947) Minnesota Daly v. [read post]
19 May 2014, 3:09 am by Peter Mahler
Schweitzer in JPS Partners v Binn, 2014 NY Slip Op 31204(U) [Sup Ct, NY County May 6, 2014], came at the behest of a 1.93% investor in the parent company, a New York limited liability company known as Binn and Partners, LLC, controlled by its sole managing member, Moreton Binn. [read post]
7 Apr 2014, 6:02 am
Department of Justice’s application for “a search and seizure warrant pursuant to Rule 41 of the Federal Rules of Criminal Procedure for an Apple iPhone 4. [read post]