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25 Jan 2013, 12:47 pm
Rather, the trial court construed New Hampshire law as allowing a design defect claim based on pure risk utility factors without any need for an alternative design, and the First Circuit converted that theory on appeal to the “remove-from-the-market” claim that the Supreme Court actually granted certiorari to review. [read post]
31 Jan 2019, 8:14 am
Third, and finally, how the Supreme Court handles these attacks on the administrative state could also have real consequences for the institutional legitimacy of the court. [read post]
22 Mar 2023, 5:16 am
Court of Appeals for the Fourth Circuit’s decision in Zeran v. [read post]
27 Dec 2007, 7:09 am
With Colacicco pending in the same court, the Third Circuit finds broad implied conflict preemption (almost field preemption) of state law tort claims in a false advertising context. [read post]
19 May 2018, 12:09 pm
But things are the way they are for the purposes of this U.S. case, so the focus is just on damages, and the single most important question in this regard is what "article of manufacture" a disgorgement of Samsung's profits should be based on: the entire device (which was considered a foregone conclusion in previous trials, but the Supreme Court and, previously, the United States Department of Justice disagreed with Judge Koh, the United… [read post]
29 Jun 2018, 5:25 am
Courts of Appeals for the Second, Sixth, and Ninth Circuits do not. [read post]
31 Jul 2019, 3:05 pm
The government appealed the trial court decision, so the Court of Appeals for the First Circuit may soon weigh in. [read post]
30 Dec 2022, 5:01 am
Could the United States find a way forward one year after the Jan. 6, 2021 Capitol attack? [read post]
2 Jul 2014, 7:19 am
On appeal, the Tenth Circuit reversed and directed the district court to enter the injunction in favor of Hobby Lobby. [read post]
14 Jan 2019, 2:27 am
United Card Company, 429 F. 2d 1106 - Court of Appeals, 9th Circuit 1970; for an equivalent precedent in England & Wales, think Temple Island Collections Ltd v New English Teas [2012] EWPCC 1, 12 January 2012, see previous post hereand here). [read post]
11 Jul 2014, 2:30 pm
In this environment, it was refreshing to see the decision of the United States Court of Appeals for the District of Columbia Circuit in In re Kellogg Brown & Root, Inc. [read post]
8 Sep 2008, 4:00 am
Brownlee, 454 F.3d 131 (3rd Cir. 2006), where the United States Court of Appeals for the Third Circuit reviewed a large amount of scholarly materials concerning the uncertainty of human memory and the reliability of eyewitness identifications. [read post]
20 Jun 2014, 10:12 am
For maritime law to apply, the action must fall within admiralty jurisdiction, and under the tests prescribed by the United States Supreme Court in Jerome B. [read post]
11 Sep 2007, 10:20 pm
Court of Appeals for the Sixth Circuit recently rejected that proposition. [read post]
11 Sep 2012, 4:55 pm
Court of Appeals for the Third Circuit. [read post]
2 Mar 2018, 7:18 am
Jesse Huerra The United States Court of Appeals, Fifth Circuit issued an opinion in United States v. [read post]
13 Feb 2015, 4:30 am
., United States Court of Appeals, Federal Circuit http://t.co/Do5m1gpjTY -> Fighting ‘Revenge Porn’ through Copyright http://t.co/0hif97mlfH -> The Canadian Privacy Cases of 2014 http://t.co/VJWAE4vdck -> Coalition of Copyright Industries Highlights Major Impediments to Foreign Markets In 'Special 301' Submission http://t.co/Xr6YG5EySF -> A Constitutional Right to Technology? [read post]
24 Feb 2015, 7:56 am
Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia. [read post]
14 Jun 2012, 1:22 pm
Over the last decade, the United States has assessed whether it was time to change its patent granting system. [read post]
3 Sep 2024, 3:13 pm
The California Court of Appeal, in Horsford v. [read post]