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28 Apr 2014, 9:09 am by Jason Rantanen
  The chart cuts off at 100 cases received, but the line continues up with seven judges receiving more than 600 patent cases each (Judges Robinson, Sleet, Andrews, Schneider, Stark, Davis, and Gilstrap). [read post]
26 Apr 2014, 10:15 am by Andrew Delaney
., 2014 VT 24By Andrew DelaneyThis case is about the vagaries of workers’ compensation settlements—with a Vermont-specific twist to keep it interesting.Plaintiff sued his employer and its third-party administrator for breach of a workers’ compensation settlement agreement. [read post]
24 Apr 2014, 6:59 am
In February the Yale Law Journal held a symposium on “The Meaning of the Civil Rights Revolution,” to mark the publication of Bruce Ackerman’s book, We the People, Volume 3: The Civil Rights Revolution: It was a terrific conference, and a fitting tribute to Professor Ackerman’s accomplishments. [read post]
22 Apr 2014, 5:20 am by Andrew Frisch
Although the DBA does not separately delineate the terms “contract,” “contractor,” “subcontractor,” or “laborer,” these terms are defined in corresponding regulations promulgated by the Secretary of Labor. [read post]
21 Apr 2014, 2:42 pm by Devlin Hartline
And obviously it does—that’s the very service Aereo provides. [read post]
18 Apr 2014, 9:35 am
A Reply to Martti Koskenniemi Robert Howse & Ruti Teitel, Does Humanity-Law Require (or Imply) a Progressive Theory of History? [read post]
18 Apr 2014, 9:05 am by Andrew Delaney
Condos, 2013 VT 105By Andrew DelaneyThough there’s still some debate in certain circles, it’s generally accepted that Barack Obama was born in Hawaii—or as Springsteen put it Born in the U.S.A. [read post]
18 Apr 2014, 7:28 am by Jim Sedor
But the law it does not say what is infrequent. [read post]
17 Apr 2014, 8:07 am by Gregory J. Brodzik
Judge Andrews found, however, that “[j]ust because the FDA labels materials as ‘non-promotional’ does not mean that doctors do not view these materials as promoting off-label uses. [read post]
17 Apr 2014, 4:00 am by Simon Fodden
When made in a federal proceeding or to a federal office or agency, the disclosure does not operate as a waiver in a federal or state proceeding if:(1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26(b)(5)(B). [read post]
16 Apr 2014, 7:32 am by Elizabeth Litten
  As reported by Andrew Scurria in Law360 on March 26, 2014, FTC Chairwoman Ramirez appeared before a Senate Commerce Committee panel and responded to critiques that the FTC has not provided enough guidance to businesses regarding appropriate data security practices. [read post]
14 Apr 2014, 5:34 am
As noted above, McMillan argued that the statute “does not criminalize communication between two adults. [read post]
13 Apr 2014, 4:43 pm by Claire Mitchell
The bill is clear that the use of bioengineering does not, by itself, constitute a material difference. [read post]
13 Apr 2014, 10:04 am by Andrew Delaney
Button, 2013 VT 92By Andrew DelaneyIf you aren’t doing anything wrong, then the police can’t stop your vehicle just for kicks. [read post]
13 Apr 2014, 9:20 am by Andrew Delaney
The majority does, however, conclude that the trial court’s refusal to even consider the potential defenses was in fact error. [read post]