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16 Nov 2008, 12:07 pm
"While the Appellate Division said that it "wholeheartedly sympathize with [Maron] in this matter," its review of the constitutional history and text of the Compensation Clause, as well as relevant case law, "persuades us that this claim cannot succeed. [read post]
10 Sep 2010, 8:07 am by Bexis
Hyster Co., 127 F.3d 649, 653-54 (8th Cir. 1997).Parts of the Third Restatement could apply in Arkansas, but there's a statute, and we don't like courts playing games with product liability statutes.CaliforniaOnce upon a time, California invented strict liability, and it hasn’t adopted either the Second or Third Restatement formulations. [read post]
16 Jul 2023, 1:00 pm by Giles Peaker
Contract terms fall into four broad ‘types’– ‘key matters’, ‘fundamental’ provisions (F and F+ ) , ‘supplemental’ provisions (S) and ‘additional’ terms. [read post]
19 May 2011, 9:12 pm
" 300 F.3d 1367, 1373 (Fed. [read post]
1 Oct 2010, 8:56 am
 “[T]he courts will hold as a matter of law that the original producer does not sponsor or endorse another product that uses his mark in a descriptive manner. [read post]
4 Apr 2011, 3:14 pm by Mark Bennett
So the lawyer can’t reveal it unless she is allowed to under 1.05(c) or (d) or required to under 1.05(e) or (f). [read post]
4 Jan 2014, 9:47 am by Schachtman
A special panel of the Workman’s Compensation Board reviewed the matter and agreed with the Referee’s judgement and affirmed the compensation award. [read post]
13 Mar 2014, 11:38 am by Rebecca Tushnet
Conyers: In 1998, there were few blogs; social media like Facebook and Twitter didn’t exist. [read post]
21 Jan 2019, 9:14 pm by Orin Kerr
Whitted, 541 F.3d 480 (3d Cir. 2008), involved nearly identitical facts as the plaintiffs' case. [read post]
5 Sep 2012, 9:29 am by Rebecca Tushnet
, neither of which officially matter because of the outcome, though they’re clearly driving the analysis. [read post]
10 Dec 2010, 10:24 am by Marin
” — We all seem like nice guys when we are trying to f**k you. [read post]
29 Jul 2009, 7:00 am
After Marshall the law seems well settled that tort claims involving probate matters may be brought in federal court so long as they don't interfere with a state probate court's jurisdiction over property. [read post]