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12 Dec 2017, 9:57 am
However, the court stated that if, at trial, the defendants were able to prove that Madden had received the Cardholder Agreement and Change In Terms, and that FIA had assigned her debt to Midland Funding, her claims would fail as a matter of law because the NBA would preempt any state-law usury claim against the defendants. [read post]
25 Aug 2011, 11:28 am
Separately, even if Seltzer had used Scream Icon as a mark in commerce, his claims would fail as a matter of law because defendants didn’t use the image for trademark purposes. [read post]
30 Mar 2020, 5:04 pm
However, under standards such as Federal Rules of Criminal Procedure 5(f), 10(c), and 43(b)(2), as well as corresponding state laws, videoconferencing is only permitted in criminal proceedings if a defendant consents. [read post]
17 Aug 2009, 11:08 am
" 548 F.3d at 87. [read post]
5 Jun 2007, 6:43 am
As the court explained:[T]he expert witness paints a powerful image on the litigation canvas. [read post]
20 Mar 2009, 6:36 pm
Americana Inn, Inc., 350 F.2d 609, 615 (7th Cir. 1965). [read post]
31 Jul 2022, 6:30 am
In his Mitchell dissent, Justice Souter saw a break with doctrine “unequaled in the history of Establishment Clause interpretation,” appearing to substitute “even-handedness neutrality and in practical terms promote it to a single and sufficient test for the establishment of constitutionality of school aid”: "[I]f the government, seeking to further some legitimate secular purpose, offers aid on the same terms, without regard to religion, to all who… [read post]
20 Jan 2016, 5:21 am
Enviratrands, Inc. and Russell F. [read post]
30 Nov 2020, 12:16 am
Ahora muchos jóvenes eligen sin haber conocido y, claro, eligen lo fácil. [read post]
9 Nov 2014, 6:46 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
4 Nov 2020, 2:00 am
She represents businesses and municipalities in a wide range of litigation matters, including employment discrimination and retaliation. [read post]
18 Sep 2007, 12:21 am
Forest Service, 189 F.3d 851 (9th Cir. 1999). [read post]
25 Apr 2007, 11:26 pm
Geneva decision (339 F.3d 1373 (Fed. [read post]
23 Apr 2015, 5:28 am
., 761 F. 3d 383 (5th Cir. 2014)(Click here for prior blog post discussion of Belle). [read post]
2 Sep 2014, 4:00 am
”*Citing Matter of Ducey, et al., 65 St Dept Rep 65, an appeal decided in 1943, the Commissioner explained “[t]he date when a teacher commenced her [or his] service in the system is the date she [or he] started her probationary period, if that was the first date that she [or he] became connected with the system. [read post]
16 Feb 2014, 5:23 am
(f) ‘European patent with unitary effect’ means a patent granted under the provisions of the EPC which benefits from unitary effect by virtue of Regulation (EU) No 1257/2012. [read post]
6 Oct 2017, 9:55 am
The panel, “FCPA Investigations and Enforcement: Developments and Updates,” was part of PLI’s White Collar Crime 2017 program and was moderated by F. [read post]
19 Jul 2016, 11:18 am
Buck’s appeal was so meritless that he couldn’t even file it. [read post]
22 Jan 2018, 11:56 am
But I don't think this is the last word on obviousness. [read post]
6 Jun 2014, 4:00 am
As to the remedies imposed by PERB the Court of Appeals said that with, deference to its expertise, "a remedy fashioned by PERB for an improper practice should be upheld if reasonable," although "[i]t is for the courts to examine the reasonable application of PERB's remedies. [read post]
