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10 Mar 2014, 7:58 am by Joy Waltemath
With this in mind, the court found that a reasonable argument could be made that Title I’s definition does not impose liability on covered agents. [read post]
10 Mar 2014, 7:35 am
 ___________BILL NUMBER: AB 2525 INTRODUCED BILL TEXTINTRODUCED BY Assembly Members Bonta and Levine FEBRUARY 21, 2014 An act to amend Sections 12311 and 25100 of, to amend the headingof Title 2.6 (commencing with Section 17701.01) of, to add theheading of Division 1 (commencing with Section 17701.01) to, and toadd Division 2 (commencing with Section 17801.01) to, Title 2.6 of,the Corporations Code, relating to worker cooperative companies. [read post]
6 Mar 2014, 5:52 pm
Id. at *20.[3] [Cascades' Section 2 claims] must allege [among others] monopsony power in the relevant market. [read post]
6 Mar 2014, 12:41 pm
  Id. at *2 n.1.Nor is it just federal courts that throw out consumer fraud cases based on FDA regulation placing a drug or device within a statutory safe harbor. [read post]
5 Mar 2014, 9:01 pm by Marci A. Hamilton
For those of us who have been toiling in the RFRA vineyard for 20 years, it is heartwarming to see the American public awakening to its extreme regime. [read post]
5 Mar 2014, 2:46 pm
Wyeth Pharmaceuticals, Inc., Pennsylvania Supreme Court – propriety of punitive damages where defendant compl [read post]
5 Mar 2014, 10:05 am by Martin Miller
Claim construction is a question of law Nearly 20 years ago the Supreme Court held that the task of construing the meaning of the claims is a question of law for the court — not a jury — to decide. [read post]
3 Mar 2014, 4:56 am
  He explained that to prove Attempted Espionage under § 794(a), the Government must, beyond a reasonable doubt, establish: (1) that a defendant attempted to communicate, deliver, or transmit a document, writing, plan, note, or information to a foreign government or agent thereof; (2) that such information related to the national defense of the United States; and (3) that the defendant acted with intent, or reason to believe, that such information was to be… [read post]
27 Feb 2014, 12:10 pm by Rebecca Tushnet
  Diabetes is a debilitating disease affecting over 10% of US adults, and insulin resistance is a mechanism by which it does its damage by keeping blood glucose levels too high.Defendants advertised the products as containing vitamins, minerals, and botanical extracts, formulated into three components: the Glucose Support Formula, the Vitamin-Mineral Formula, and the Calcium-Magnesium Formula. [read post]
27 Feb 2014, 10:10 am by Devlin Hartline
Under the Transmit Clause, it is a public performance to (1) transmit a performance of a work (2) to the public.1 There is no doubt that a performance of a work is being transmitted with Aereo’s service, so (1) is not at issue. [read post]
25 Feb 2014, 4:22 pm by admin
This does not mean that associations need to consider wholesale abandonment of their codes of ethics. [read post]
25 Feb 2014, 3:58 am by Matt Maurer
The court must decide (1) is there a serious issue to be tried; (2) would the moving party otherwise suffer irreparable (i.e. not compensable with $$$) harm; and (3) does the balance of convenience favour granting the injunction. [read post]
24 Feb 2014, 10:03 pm by Lauren Bernadett
Notably, SB 1381 does not include a provision that would prohibit GE food from being labeled “natural. [read post]