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26 Mar 2010, 12:59 pm
If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line. [read post]
26 Mar 2010, 11:24 am
This holding is significant in that sets forth a bright line rule protecting securities professionals working for underwriters from primary liability under Rule 10b-5(b) where the prospectus is prepared by a third party. [read post]
24 Mar 2010, 11:33 am
§ 112, first paragraph, as containing a separate written description requirement. [read post]
22 Mar 2010, 11:46 am
Diminished Property Value A property's exposure to asbestos can have a direct and significant impact on the value of the home. [read post]
21 Mar 2010, 11:00 pm
The order also appointed a receiver under direction "to sell at public sale all of the property and assets of the corporation. [read post]
18 Mar 2010, 2:47 pm
Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995) (“liberal Rule 12(b)(6) review is not afforded legal conclusions and unwarranted factual inferences”; “a complaint must contain either direct or inferential allegations respecting all the material elements to sustain a recovery under some viable legal theory”); Blackburn v. [read post]
18 Mar 2010, 1:49 pm
The results of these tests provided to the Appellants on November 19, 2004, indicated that the excess water was coming from the direction of the Appellee's main. [read post]
18 Mar 2010, 8:51 am
The Vermont court found that RJR's advertisements for Eclipse contained material misrepresentations of fact in its efforts to promote Eclipse as being a safer cigarette. [read post]
18 Mar 2010, 8:51 am
The Vermont court found that RJR's advertisements for Eclipse contained material misrepresentations of fact in its efforts to promote Eclipse as being a safer cigarette. [read post]
18 Mar 2010, 7:44 am
Immediately following the collision, the woman reportedly drove away in the direction of Pomeroy Road. [read post]
17 Mar 2010, 5:52 pm
Bottom line - the process by which the death sentence was imposed stands. [read post]
16 Mar 2010, 3:04 pm
A line should be drawn between generally offensive speech and speech that is specifically targeted at particular individuals so as to injure them. [read post]
16 Mar 2010, 1:14 am
The verdict form contained a line allocating blame to Chrysler, but no one represented the automaker at trial. [read post]
15 Mar 2010, 6:03 pm
The application as submitted contained numerous misrepresentations, including false statements concerning the Easy Wealth president’s personal assets and a fabricated business plan that contained false information about Easy Wealth’s financial condition and earnings. [read post]
15 Mar 2010, 2:09 pm
By Mark P. [read post]
15 Mar 2010, 8:31 am
His opinion -- in reality one could rightly say his brief supporting all relevant positions of SIPC and the Trustee while denying all relevant positions of the victims -- contains only a few widely scattered lines regarding the legislative history. [read post]
13 Mar 2010, 8:32 am
The homeowner (we’ll call her the “Applicant”) completes an application with the Building Inspector, who reviews the proposal (or “Site Plan”) to see if it meets various code requirements– is the lot large enough to support the planned structure, is drainage adequately directed to prevent run off, are the plans professionally drawn and contain all of the technical data required by New York State’s building code. [read post]
12 Mar 2010, 7:23 am
More recently, the Third District Court sided with the McGinnis line of cases in issuing its opinion in Roberts v. [read post]
10 Mar 2010, 2:41 pm
" But immediately preceding these famous lines Holmes writes, "It is something to show that the consistency of a system requires a particular result" (though of course his main point is contained in the continuation of that sentence: "but it is not all"). [read post]
9 Mar 2010, 7:49 pm
The partnership agreement contained customary transfer restrictions and rights of first refusal upon transfer in favor of the partnership or the other partners. [read post]