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26 Sep 2019, 6:38 pm by Evan Brown (@internetcases)
Netscape, 306 F.3d 17 (2d Cir. 2002), defendant argued that it did not have notice of the terms and conditions of the browsewrap agreement. [read post]
26 Sep 2019, 9:26 am by Jonathan Bailey
As such, the defendants argued that the firm, not Bell, was the owner of the photo and the jury agreed. [read post]
26 Sep 2019, 7:47 am by Bob Ambrogi
We very much regret that this incident occurred (that we f@#%ed up so royally) and can assure (try to convince) the Court that it will not happen again. [read post]
25 Sep 2019, 2:00 pm by Melanie Fontes
In an apparent attempt to reverse the rogue decision, the majority of active judges on the Ninth Circuit authorized en banc review.[3]  But because the Ninth Circuit has so many judges, it alone among the federal appellate courts employs a limited en banc review, where only eleven of its active judges sit en banc, consisting of the chief judge and ten other active judges who are randomly selected.[4] Accordingly, limited en banc allows for “minority rule” in a subset of cases,[5]… [read post]
24 Sep 2019, 9:10 pm by Sherry F. Colb
I remember being on a grand jury years ago where the defendant testified (a rare event), and his story was ridiculous. [read post]
24 Sep 2019, 7:08 am by Jordan M. Asch
The second falls under section 113(f), which allows a plaintiff that is or was the defendant of a cost recovery claim, or that has resolved its liability with the Environmental Protection Agency (EPA) under a judicially approved settlement, to seek contribution from other potentially responsible parties. [read post]
23 Sep 2019, 10:43 am by Rebecca Tushnet
., 720 F.3d 490 (2d Cir. 2013), as “non-actionable scientific conclusions. [read post]
22 Sep 2019, 5:21 am
"Said Ben Carson, quoted in "As Democrats call for his resignation, HUD Secretary Ben Carson defends his controversial comments about transgender people" (WaPo). [read post]
18 Sep 2019, 8:03 am by Administrator
There is nothing to warrant a finding that the plaintiff decided to waive her right of action in the event of loss or that she communicated any such decision to the defendant. [read post]