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21 Sep 2012, 4:03 am by John Day
Aug. 25, 2011) (plaintiffs had a right to take a voluntary dismissal of medical malpractice case which failed to include a filing of a certificate of good faith and to re-file case with certificate of good faith). [read post]
20 Sep 2012, 10:09 pm by fl_litig8r
So, unless the insurer commits bad faith, a consortium claim brought as part of an injury claim that is already worth “policy limits” doesn’t add any real value. [read post]
20 Sep 2012, 8:45 am by John Day
Aug. 8, 2012) (case dismissed for failure to give pre-suit notice and file a certificate of good faith; plaintiff’s argument that the claims were not medical malpractice claims rejected; request to amend complaint denied). [read post]
18 Sep 2012, 8:26 am by Elizabeth Litten
"  The case was re-filed, naming as plaintiffs a subset of patients whose identities had been actually stolen since the laptop theft, alleging negligence by AvMed in protecting the sensitive information, breach of contract, unjust enrichment, breach of the implied covenant of good faith and fair dealing, and breach of fiduciary duty. [read post]
14 Sep 2012, 7:00 am by Gmlevine
In this regard, the Panelist believes that although the Respondent can use the “Waterlefe” trademark with reference to property offered for sale on his or his business partner’s website, it is not legitimate to use a domain name that fully incorporates the Complainant’s registered trademarks to re-direct Internet users to such a website. [read post]
13 Sep 2012, 9:13 pm
Here's more in the continuing "Year in Review" series, catching up on more of my backlog of twitter posts of case developments in the past 12 months. [read post]
13 Sep 2012, 2:38 am by SHG
  Of course they're prejudicial, which is why they're in evidence, but that can't be blamed on the press.Worse still, the ruling belies the emptiness of one of our beloved legal fictions, that the judge's instructions to the jury not to read about the case or discuss it outside the courtroom matters. [read post]
12 Sep 2012, 10:30 am by Richard Pildes
  Instead, to be on the safe side of modern constitutional doctrine, which had changed dramatically since Congress had last re-visited Section 5 in 1982, I urged Congress to assess where voting problems were occurring today and tailor Section 5 accordingly. [read post]
12 Sep 2012, 7:03 am by David Oxenford
Now that we are in the political window, we’re doing a series on the basics of the FCC’s political broadcasting rules. [read post]
11 Sep 2012, 8:35 pm by Stan
But here we’re not talking about peer-to-peer relationship trust, which might develop within a commercial network like Alibaba, but faith in the intellectual property enforcement system. [read post]
11 Sep 2012, 4:41 pm by Darrin Mish
The last thing I wish to do is be offensive to my faith and the faithful. [read post]
11 Sep 2012, 1:14 pm by Dennis Crouch
Rmail acknowledges that this argument is for the good faith extension or modification of existing caselaw. [read post]
11 Sep 2012, 8:52 am by Rebecca Tushnet
Lastowka: Grand Theft Auto case rejects NFU, then goes to Rogers because they’re not the same mark. [read post]
11 Sep 2012, 8:26 am by Rebecca Tushnet
  They’re talking about things they care about and wish they could protect—so what is law? [read post]
11 Sep 2012, 7:59 am by Julie Brook, Esq.
If there is no escrow account established and the parties have decided to rely on each other’s good faith for performance, plaintiff’s counsel should ensure that the period for payment is clearly specified. ___ 5. [read post]
10 Sep 2012, 10:20 pm by Jean Braucher
  Here are a few recent cases currently featured on the blog (and cites to all these cases are there, too): In re Flores, from the Ninth Circuit. [read post]
10 Sep 2012, 9:00 pm
Today's blog entry re-prints my September 11, 2008 entry. [read post]