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27 Sep 2018, 2:44 pm by Vassi Iliadis and Michael Maddigan
Smart Document Solutions, LLC, 499 F.3d 1078, 1082 (9th Cir. 2007) (applying California law in diversity case and holding that absence of private right of action under HIPAA does not foreclose UCL claim based on HIPAA violation). [read post]
25 Sep 2018, 9:01 pm by Sherry F. Colb
But they would be using it to refer to my decision to do something that I have defended, something that is far less plainly wrong but which nonetheless departs from their vision of sex equality and feminism.They may believe that anyone who deviates from the strict conduct rules that they hold dear is a misogynist, but most people reject that definition. [read post]
24 Sep 2018, 1:08 pm by Deborah Heller
The Fifth Circuit upheld the designation (827 F.3d 452). [read post]
23 Sep 2018, 4:03 pm by Schachtman
Acuity Specialty Products Group, Inc., 639 F.3d 11 (1st Cir. 2011), cert. denied sub nom., U.S. [read post]
23 Sep 2018, 9:50 am by Wolfgang Demino
ET AL Whether the Texas Supreme Court erred in holding –in conflict with the Fifth Circuit Court of Appeals, the Nevada Supreme Court, and intermediary courts of appeals in Maryland and Utah - that Cash Biz did not waive its right to arbitration by substantially invoking the judicial process when it illegally filed criminal charges against Borrowers to recover civil debt, while ignoring its own forced arbitration clause which requires arbitration for “(f) all claims… [read post]
22 Sep 2018, 11:15 am by markshermanlaw
   In that case, the Supreme Court reversed a conviction for a Breach of Peace because the offensive language used by the defendant was not accompanied by conduct that appeared threatening or violent. [read post]
21 Sep 2018, 6:00 am by DONALD SCARINCI
By a vote of 7-2, the Court held that a miscalculation of a Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Rule 52(b) to vacate the defendant’s sentence in the ordinary case. [read post]
20 Sep 2018, 7:17 am by Jessica Kroeze
According to this board, the RPBA, also in view of Art. 23 thereof, although it can specify and interpret the provisions of the EPC, it cannot confer on the Boards of appeal powers which the EPC does not give them.Consequently, the proprietor's assertion concerning the nature of the adhesive used, first presented in its letter of 15 October 2015, constitutes a new argument in support of the plea which it defends, namely: that the subject matter of claim 1 is novel compared to document… [read post]
19 Sep 2018, 2:19 pm
Loose, 569 F.3d 1142, 1150 (9th Cir. 2009) (“A defendant is a prevailing party following dismissal of a claim if the plaintiff is judicially precluded from refiling the claim against the defendant in federal court. [read post]