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24 Jun 2018, 1:51 pm by David Kris
Warshak, 631 F. 3d 266 (6th Cir. 2010), which held that the doctrine doesn’t allow warrantless access to email messages. [read post]
23 Jun 2018, 6:00 am by Wolfgang Demino
“[I]f the writing acknowledges the justness of the claim, the acknowledgment imports (1) an admission that the claim is a subsisting debt and (2) a promise to pay it, if unaccompanied by any circumstances repelling the presumption of willingness or intention to pay. [read post]
22 Jun 2018, 2:03 pm by Ronald Mann
There is an exception, though, in Section 271(f), a provision adopted in response to (and overruling) a notorious Supreme Court case that exonerated a defendant who had manufactured the components of an invention in the United States but had shipped them abroad for assembly into an infringing device. [read post]
22 Jun 2018, 12:35 pm by Jennifer Mascott
Ultimately the government’s position defended the Article II prerogative of the executive to have either himself or his one-step-removed department head appoint executive officers. [read post]
22 Jun 2018, 7:24 am by Docket Navigator
The court denied defendants' motion to dismiss or transfer for improper venue because defendants waived their venue challenge through their litigation conduct. [read post]
22 Jun 2018, 3:31 am by Edith Roberts
At Slate, former State Department consular officer Christopher Richardson casts doubt on the validity of the visa-waiver process the government has relied to defend its position in Trump v. [read post]
21 Jun 2018, 9:30 pm by Bobby Chen
Ciuriak argued that entrepreneurs face heightened incentives to wait for regulatory certainty before making new investments, but that delaying investment also increases risk that they will fail to “capture and defend” critical new market share. [read post]
21 Jun 2018, 4:00 pm by Aurora Barnes
Court of Appeals for the 9th Circuit erred when it held that equitable exceptions apply to mandatory claim-processing rules—such as Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to file a petition for permission to appeal an order granting or denying class-action certification—and can excuse a party’s failure to file timely within the deadline specified by Federal Rule of Civil Procedure 23(f), in conflict with the decisions of the… [read post]
21 Jun 2018, 1:00 pm by Rebecca Tushnet
Peristyle, LLC, --- F.3d ---- , 2018 WL 2975995, Nos. 17-5933 & 17-5997 (6th Cir. [read post]
20 Jun 2018, 5:00 pm by John Elwood
The 9th Circuit held that Rule 23(f)’s deadline is nonjurisdictional and Lambert’s motion for reconsideration tolled the deadline. [read post]
20 Jun 2018, 1:33 pm by Brian A. Comer
  It is a defective door latch case where the decedent was thrown from a Ford F-150. [read post]
20 Jun 2018, 7:19 am by Louise Thorning Ahle
The Danish Patent and Trademark Office (DKPTO) takes the approach that it has not been established to be the defender of a strict moral. [read post]
20 Jun 2018, 6:38 am by Ashley Scarpone
Allen, Esq., Defender Association of Philadelphia, Alexander F. [read post]