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., Case No. 09-11960-JNF) (Feeney, J.) contradicted the strict construction ruling of the state’s intermediary appellate court’s 1995 Spinelli decision and instead applied the later, liberal construction policy of the state supreme court’s 1996 Dwyer v. [read post]
25 Feb 2010, 11:20 am by Cathy Reno
Heller applies to the states. [read post]
25 Feb 2010, 11:18 am by Beck, et al.
That sounds almost exactly like the claim made against the defendants in the Bone Screw litigation – and which, when presented as a state-law claim, was unanimously held preempted in Buckman Co. v. [read post]
24 Feb 2010, 8:55 am by Andrew Lavoott Bluestone
However, affording the legal malpractice cause of action a liberal construction and according the plaintiff every favorable inference, the complaint does state a cause of action to recover damages for legal malpractice (see generally Hamoudeh v Mandel, 62 AD3d 948, 949; Maiolini v McAdams & Fallon, P.C., 61 AD3d 644, 645; Malik v Beal, 54 AD3d 910, 911). [read post]
19 Feb 2010, 4:03 pm by James McComish
Alberta Court Analyzes Public Policy Defence In Bad Ass Coffee Company of Hawaii Inc. v.... [read post]
19 Feb 2010, 8:13 am by Amir Efrati
Since we declared our affection for McDonald v. [read post]
19 Feb 2010, 2:55 am
: Hewlett-Packard Co. v Acceleron, LLC (Florida Patent Lawyer Blog) (PatLit) District Court E D Texas: Device component may ‘receive’ data from itself: Datatreasury Corporation v. [read post]
19 Feb 2010, 2:55 am
: Hewlett-Packard Co. v Acceleron, LLC (Florida Patent Lawyer Blog) (PatLit) District Court E D Texas: Device component may ‘receive’ data from itself: Datatreasury Corporation v. [read post]
18 Feb 2010, 3:36 am by Andrew Lavoott Bluestone
Judge Scheindlin in Nada tells us: 'Liberally construed, Nada alleges that 1199 has breached its duty of fair representation. 12 In DelCostelio v. [read post]
18 Feb 2010, 3:35 am by Russ Bensing
  One study back in the 60’s showed that in the years after Mapp v. [read post]
17 Feb 2010, 4:31 pm by Steve Bainbridge
The migration of credit card operations to South Dakota and Delaware began with the Supreme Court's decision in Marquette National Bank v. [read post]
16 Feb 2010, 3:38 am by SHG
What might get you counsel in one court, county or state may not get you counsel in another. [read post]