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15 Jul 2015, 3:44 am by Kevin Smith, J.D.
Litigants in court cases often disagree sharply about the law and its application to the facts, so it is probably not a surprise that the briefs filed in the District Court’s re-examination of its ruling in the Georgia State copyright infringement trial should see the issues in such starkly different terms. [read post]
14 Jul 2015, 6:22 pm by DSVlaw Blog
”     Commentators note that this expansive definition may allow the agencies to use their discretion to expand the CWA’s reach over per se jurisdictional waters to previously unregulated areas and potentially leaving the regulated community guessing as to what its regulatory obligations actually are. [read post]
14 Jul 2015, 2:50 pm
Judge Alex Kozinski -- for whom I clerked 20 years ago, who is one of our nation's most prominent appellate judges and who has long been seen as on balance a libertarianish conservative (appointed by President Reagan) -- has recently published an article in the Georgetown Law Journal that says some pretty harsh things about our criminal justice system, and offers some (doubtless controversial) proposals for improving it. [read post]
14 Jul 2015, 7:22 am
They’re rich, so they can go overseas to get it (even if they don’t want to risk the domestic black market). [read post]
14 Jul 2015, 4:49 am
  In other words, nice try plaintiffs, but we aren’t going to second-guess the JPML. [read post]
13 Jul 2015, 4:33 pm
And the hosts unwittingly respond with the cliche, "you're preaching to the choir! [read post]
12 Jul 2015, 6:55 pm by Tom Smith
Newborn infants could have guessed at a homecoming for the former partner at Covington from 2001 to 2009. [read post]
12 Jul 2015, 6:36 pm by Yale Hauptman
  We have the flexibility we’re always looking for and Bill avoids the “use it or lose it” dilemma of traditional long term care insurance. [read post]
10 Jul 2015, 12:49 pm by Staley Smith, Quinta Jurecic
It’s like we’re doing five bilateral negotiations. [read post]
10 Jul 2015, 4:30 am
  The failure to analyze whether Weeks suggests there should be claim against an innovator for promoting its drug (not taken by the plaintiff’s decedent) off-label is the—you guessed it—elephant in the room in this case. [read post]
9 Jul 2015, 12:45 pm by Lawrence B. Ebert
The outcome of the Versata case:With regard to the issues in the case, we conclude:• On appeal in a § 18 case to this court of a final written decision by the PTAB,as a general principle we may review issues de-cided during the PTAB review process, re-gardless of when they first arose in the process, if theyare part of or a predicate to the ultimate merits. [read post]
8 Jul 2015, 12:09 pm by Ronald V. Miller, Jr.
An equitable bill of discovery is (you guessed it) a equitable remedy that has been used for hundreds of years. [read post]
8 Jul 2015, 10:48 am by Gene Killian
  I’m guessing that when insurance defense lawyers discuss Carithers, they’ll argue that the case is limited to its facts. [read post]
8 Jul 2015, 7:35 am by Alfred Brophy
 I'm guessing a lot of statues are going to be moving in the near future, including perhaps in Charlotte. [read post]
8 Jul 2015, 5:48 am by Gene Killian
  I’m guessing that when insurance defense lawyers discuss Carithers, they’ll argue that the case is limited to its facts. [read post]
7 Jul 2015, 3:52 am by David DePaolo
Since it didn't, the court said its arguments were barred by principles of res judicata.The appellate court also said the estate's claim was time-barred, as more than seven years had elapsed between the date of the PTD award and the date of the estate's motion to enforce it.On Thursday, the Supreme Court unanimously reversed the Court of Appeals. [read post]