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11 May 2016, 8:23 am
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
We further agree with plaintiffs that the doctrine of collateral estoppel does not preclude their claim. [read post]
19 Jun 2013, 6:31 am
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]
23 Oct 2019, 2:34 pm
No. 105–190 at 2 (1998)). [read post]
14 Nov 2015, 8:22 am
Sommer’s website despite an increase in traffic to Life Designs’ official website, (2) some hearsay by Mr. [read post]
6 Jan 2010, 7:45 am
Defendant Dr. [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
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]
6 Dec 2011, 10:30 am
General Information Services., No. 2:10-CV-06850 (E.D. [read post]
7 Apr 2024, 7:09 am
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
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
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]
23 Jan 2022, 1:33 pm
No. 2-19-cv-03672). [read post]
3 Nov 2014, 5:12 am
Id. at *2. [read post]
30 Jun 2017, 9:22 am
" (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]