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23 Feb 2010, 6:16 am
Editor’s Note: John Olson is a founding partner of Gibson, Dunn & Crutcher’s Washington, D.C. office and a visiting professor at the Georgetown Law Center. [read post]
8 Jun 2010, 7:34 pm
The survivors can recover any loss of economic support, any lost services, and other traditional types of pecuniary damages. [read post]
31 Mar 2017, 1:51 am
It is no easy task to try to reconcile the different views expressed in the appeal case law about the proper standard of proof relating to the issue of availability to the public, in particular with respect to Internet disclosures. [read post]
25 Jan 2018, 5:00 am
This piece is exerpted from the Law, Borders, and Speech Conference Proceedings Volume. [read post]
20 Apr 2017, 9:30 am
Such a requirement would make the statutory scheme utterly unworkable in practiceJudge Blake rejected the ACCG’s persistent “first discovered within" argument, pointedly expressing that the argument “misses the mark. [read post]
4 Jan 2019, 6:20 am
Haitian Centers Council, Inc., Nixon v. [read post]
21 Nov 2018, 6:18 am
The most significant—standing—will fade with time, meaning that the legal threat to Whitaker’s service will grow more acute the longer he remains in office. [read post]
22 Jun 2016, 9:59 pm
California; Fort Wayne Books, Inc. v. [read post]
11 Jul 2008, 4:30 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
27 Dec 2018, 9:05 pm
The USDA’s Food Safety and Inspection Service reported it received notification of a cluster of listeriosis patients on Oct. 22 and began working with the CDC to determine the source of the pathogen. [read post]
23 Jan 2014, 3:59 am
” History and purpose of public performance right Goal of copyright law One of the many important ends of copyright law is to encourage the creation and release of expressive works to the public. [read post]
3 Apr 2013, 12:47 pm
When the trading only constitutes excessive trading (as opposed to outright churning), it is more difficult to establish scienter, however, arbitration panels can often recognize when an unscrupulous financial advisor is trading for the express purpose of maximizing commissions. [read post]
19 Jul 2012, 4:07 pm
Rule 26(a)(2)(B) now requires service of expert witness reports that contains, among other things: (i) a complete statement of all opinions the witness will express and the basis and reasons for them; (ii) the facts or data considered by the witness in forming them; (iii) any exhibits that will be used to summarize or support them. [read post]
15 Feb 2011, 4:06 am
AstraZeneca LP, 605 F.Supp.2d 669, 678-79 (W.D.Pa.2009) (discussing why the “professional paradigm” places the physician as the relevant decision maker in the health services industry), aff’d on other grounds, 372 Fed. [read post]
21 Nov 2023, 3:15 pm
That SRMC resolution Agreement followed an OCR investigating a January 4, 2012 Los Angeles Times article report that two SRMC senior leaders had met with media to discuss medical services provided to a patient. [read post]
12 May 2023, 11:45 am
Conduits—like the telephone company—were on the other end of the spectrum, and could not be held liable for the speech of those who used their services. [read post]
29 Mar 2023, 5:01 am
To be sure, the AI programs aren't engaged in "self-expression"; as best we can tell, they have no self to express. [read post]
25 Aug 2011, 7:01 am
Wackenhut Services Inc., ___ F. [read post]
14 Feb 2012, 1:56 pm
Supermarkets, Inc. v. [read post]
15 Feb 2010, 2:20 pm
Ct. 2710 (2009), does conflict preemption exist or is preemption now entirely dependent upon express preemption language in a statute or regulation? [read post]