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22 Jun 2008, 3:55 pm
"[U]sers do have a reasonable expectation of privacy in the content of their text messages vis-a-vis the service provider. [read post]
21 Jun 2008, 3:16 pm
Importantly, none of them seems implicated by the telecom immunity in the current bill. 1) Congress exceeds its power vis a vis courts by "prescribing a rule for the decision of a cause. [read post]
21 Jun 2008, 2:46 am
The court squarely held that in the absence of other circumstances, users of text messaging “have a reasonable expectation of privacy in the content of their text messages vis-à-vis the service provider. [read post]
19 Jun 2008, 8:18 pm
Both the negligent misrepresentation claim and the negligence claim in Count VI are barred by the economic loss rule. [read post]
14 Jun 2008, 10:50 am
PresumptionsIn the "giveth" column vis-à-vis insurers, the new law will provide that an "irrebuttable presumption" -- a/k/a the kind summary judgment motions are made of -- of prejudice "shall apply if, prior to notice, the insured's liability has been determined by a court of competent jurisdiction or by binding arbitration; or if the insured has resolved the claim or suit by settlement or other compromise. [read post]
13 Jun 2008, 5:42 am
DeGeorge, 219 F.3d at 937.Neither does the ex parte nature of the application violate the Fifth Amendment's Due Process Clause.Because § 3292 applications must be made before the return of an indictment, ex parte applications are consistent with the traditionally non-adversarial and secret nature of grand jury proceedings. [read post]
10 Jun 2008, 12:27 pm
Although this section does not specifically mention Title 11bankruptcy cases, its broad language plainly encompasses all improperly venued cases of whatever variety.... [read post]
9 Jun 2008, 10:50 pm
For starters, surely the emergency rehousing would be effected under Part VI Housing Act 1996 not Part VII. [read post]
6 Jun 2008, 4:23 pm
  Specific criteria that define “probiotics” have been published and raw milk does not fit this definition. [read post]
5 Jun 2008, 9:54 pm
(vi) The prevention, detection, and removal of surreptitiously installed devices designed for eavesdropping orobservation, or both. [read post]
26 May 2008, 12:26 am
For starters, Schedule-VI does not even have any prescribed format for a Profit & Loss Account; it does not require a cash flow statement; it does not require disclosure of accounting policies; it does not require disclosure for leases; it does not warrant disclosure of deferred taxes or disclosure regarding impairment losses or intangibles. [read post]
21 May 2008, 7:35 am
  But if that logic does the work, it should also suggest a principle of vegetarianism because animals also don't consent to their slaughter. [read post]
21 May 2008, 3:11 am
Here's the first article, SÃ¥ luras vi att tro att vi är sjuka, and the second article, Backar efter avslöjandet, in which Glaxo does a mea culpa in one of Sweden's largest newspapers, Experessen.If you want to read in broken English, use Google translate:Article 1Article 2By accessing this site, you are agreeing to comply with and be bound by the terms of use agreement and privacy… [read post]
20 May 2008, 6:57 am
Structural principles may be derived from original expectations about the way the Constitution would work, but they also stem from the way the Constitution actually does work in practice over the years. [read post]
17 May 2008, 7:59 am
This does not mean, however, that the state constitutional amendment would be impervious to attack in the judicial forum. [read post]
16 May 2008, 12:43 pm by Keith
`(A) IN GENERAL- Notwithstanding sections 502 through 505, and subject to subparagraph (B), in a civil action brought under this title for infringement of copyright in a work, the remedies for infringement shall be limited in accordance with subsection (c) if the infringer– `(B) EXCEPTION- Subparagraph (A) does not apply if, after receiving notice of the claim for infringement and having an opportunity to conduct an expeditious good faith investigation of the claim, the… [read post]