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29 Sep 2015, 7:25 am
Two main arguments were that (1) Syngenta did not owe a legal duty to the plaintiffs as a matter of law, and (2) the plaintiffs’ claims for economic damages for negligence or private nuisance were barred by the economic loss doctrine. [read post]
28 Sep 2015, 3:00 pm
Since the standard of review was "abuse of discretion," the justices felt compelled to defer to the trial judge's ruling, which relied on a 1972 Supreme Court precedent, Neil v. [read post]
28 Sep 2015, 1:09 pm
Vermont v. [read post]
28 Sep 2015, 11:40 am
" (See WJLA-TV v. [read post]
28 Sep 2015, 6:40 am
” (See WJLA-TV v. [read post]
28 Sep 2015, 6:00 am
Stored Communications Act (SCA), which is part of the Electronic Communications Privacy Act (ECPA),[9] has been interpreted by at least two U.S. courts to forbid production of stored data of certain types only where the data are stored in the United States.[10] With respect to U.S. foreign intelligence surveillance, the rules are much more complex,[11] but unlike the Wiretap Act and the SCA, the Foreign Intelligence Surveillance Act[12] generally prohibits conduct only by persons… [read post]
26 Sep 2015, 10:22 pm
Bloomingburg Jewish Education Center v Village of Bloomingburg, 2015 WL 3604300 (SDNY 6/9/2015) The opinion and order can be accessed at: http://www.newyorklawjournal.com/id=1202729033706/Bloomingburg-Jewish-Education-Center-et-al-Plaintiffs-v-Village-of-Bloomingburg-New-York-et-al-Defendants-14cv7250-KBF Filed under: Current Caselaw - New York, RLUIPA Tagged: hasidism and zoning, mikva and zoning, zoning discrimination [read post]
26 Sep 2015, 11:35 am
Harking back to a time before fax, email, and before any of our intellectual property laws in the UK existed in their present form, when neither OHIM nor the EPO existed and WIPO was but a babe, he reminisced thus:WHERE ARE WE v WHERE I THOUGHT WE’D BE My first taste of IP came in 1973, when I found myself researching for a PhD on ownership of IP rights. [read post]
25 Sep 2015, 9:31 am
Distinguish notice of existence v. notice of scope. [read post]
24 Sep 2015, 7:24 am
On June 12, 2015, the United States Court of Appeals for the Federal Circuit issued a decision in Ariosa Diagnostics, Inc. v. [read post]
24 Sep 2015, 6:01 am
Allagash Brewing Company v. [read post]
22 Sep 2015, 1:42 pm
Further, defendant included a disclaimer on the account’s main page, which stated, “A badass parody of our favorite lawyer most likely seen on Main Street. [read post]
22 Sep 2015, 6:37 am
See Orr v. [read post]
21 Sep 2015, 10:27 am
Brown v. [read post]
21 Sep 2015, 10:27 am
Brown v. [read post]
21 Sep 2015, 6:04 am
There are two main legal constraints on this set-up. [read post]
21 Sep 2015, 2:37 am
(d) A member state can refuse “social benefits to economically inactive Union citizens who exercise their right to freedom of movement solely in order to obtain another Member State’s social assistance although they do not have sufficient resources to claim a right of residence”: Dano v Jobcenter Leipzig C-133/13, [78]. [read post]
18 Sep 2015, 1:57 pm
This post hits closer to the living Constitution’s home base by contending that the main negative and positive arguments typically employed by living constitutionalists are flawed. [read post]
17 Sep 2015, 1:27 pm
Dax: Welcome to Wall Street versus Main Street. [read post]
17 Sep 2015, 6:01 am
The main work of the Court currently appears to be in dealing with leave applications. [read post]