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11 May 2016, 8:23 am by The Law Offices of John Day, P.C.
Plaintiff’s attorney (now the defendant in a legal malpractice claim) drafted a prenuptial agreement for defendant husband and his estranged wife in 2006. [read post]
12 Sep 2017, 4:00 am by Andrew Lavoott Bluestone
We further agree with plaintiffs that the doctrine of collateral estoppel does not preclude their claim. [read post]
19 Jun 2013, 6:31 am by Howard Wasserman
The court does acknowledge the overlap between standing and Ex Parte Young/sovereign immunity, as the propriety of the named defendant is the "common denominator" of both inquiries. [read post]
6 Mar 2014, 12:41 pm
  Id. at *2 n.1.Nor is it just federal courts that throw out consumer fraud cases based on FDA regulation placing a drug or device within a statutory safe harbor. [read post]
29 Jul 2015, 6:48 am
The prima facie case requirement does not necessitate that an information allege facts that would prove a defendant's guilt beyond a reasonable doubt. [read post]
14 Nov 2015, 8:22 am by Eric Goldman
Sommer’s website despite an increase in traffic to Life Designs’ official website, (2) some hearsay by Mr. [read post]
12 Jul 2014, 7:33 pm
Krauser “is the inventor and owner of the subject matter set forth in all of the Defendants’ patents based on [U.S. [read post]
9 Mar 2012, 6:30 am by Howard Ullman
In Asahi, the plaintiff argued that the Texaco rule does not apply to premerger activity. [read post]
15 May 2012, 1:26 am
  This is a sign that she no longer cares what you do. 2. [read post]
7 Apr 2024, 7:09 am by David Oxenford and Keenan Adamchak
  After the hearing was terminated because he presented no exculpatory evidence and did not otherwise defend himself, the FCC’s Enforcement Bureau issued an order revoking his license. [read post]
24 Sep 2019, 4:01 am by The Law Offices of John Day, P.C.
Trespass is an intentional tort, and while the tortfeasor does not have to have the intent to specifically trespass, such a claim “requires the intentional entry onto the land of another. [read post]
10 Jan 2017, 10:16 pm by Marie-Andree Weiss
As for the first factor, the purpose and character of the use, Judge Klausner found that Defendants’ use was not transformative, as it does not have a further purpose or different character, nor does it alter the original Star Trek works with new expression, meaning, or message, as required by Campbell v. [read post]
30 Jun 2017, 9:22 am by Lawrence B. Ebert
" (D.1. 228 at 6) In Defendants' view, the specification does notadequately describe these limitations because Example V - which, according to Defendants, is"the only example anywhere in the intrinsic record that purports to describe the manufacture orsynthesis of a phosphate labeled polynucleotide" - "undisputed[ly] ... provides [no] descriptionrelating to hybridization or detectability upon hybridization. [read post]
6 Jun 2008, 2:45 am
A Public Defender has a post discussing a proposed change to the Connecticut Code of Evidence which "would permit a statement made by a child to be admissible in lieu of live testimony," if certain circumstances were met: 1) the court would have to find the statement trustworthy; 2) the statement was not made in preparation for litigation; and 3) the child either testifies and is subject to cross-examination or is otherwise unavailable. [read post]
10 Jun 2008, 1:50 am
The Court first determined that Plaintiffs established a prima facie case of copyright infringement by showing (1) ownership of a valid copyright and (2) unauthorized copying. [read post]