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27 Aug 2010, 2:41 pm by Bexis
We disagree.In Hoffman, the United States Court of Appeals for the Third Circuit applied Pennsylvania law and concluded that there was sufficient evidence for the jury to find that the manufacturer failed to adequately test its drug to discover potentially harmful side-effects. [read post]
18 Jul 2014, 11:55 am
June. 13, 2013), holding essentially that, since those meanies on the United States Supreme Court aren’t letting plaintiffs sue generic manufacturers, we’ll change Alabama common law and let them sue someone else. [read post]
13 Jul 2017, 4:00 am by Alan Macek
All pleadings must include a certain level of details to support the allegations, as the Supreme Court has stated (2011 SCC 42 at 22). [read post]
28 Mar 2019, 12:02 pm
The DSM Directive provides a current example of this: its provisions are so complex that in essence the “battlefield” has moved from Strasbourg and Brussels to the Member States that will need to transpose the directive.Sophie then asked the panel a recap of the 3 best and worst contributions by the CJEU.The best 3 contributions of the CJEU according to Eleonora were:The dialogue between the CJEU and the national courts, which at times has been unavoidable (eg where the language… [read post]
26 Nov 2013, 11:56 am
  This is California and therefore, governed by Stengel v. [read post]
26 Apr 2014, 3:54 am by Jeremy Speres
  Accordingly, even though the express provisions acknowledging Presto’s proprietorship of the mark terminated upon settlement, the court still found that reliance on that state of affairs fell short of “the ethical standards of acceptable commercial behaviour. [read post]
23 Sep 2011, 3:00 am by Ted Folkman
The provisions of this Treaty shall not give rise to a right on the part of any private person to obtain, suppress, or exclude any evidence, or to impede the execution of a request.The government put some meat on the bones of its argument by citing United States v. $734,578.82 in US Currency, 286 F.3d 641 (3d Cir. 2002), and United States v. [read post]
12 Aug 2023, 11:41 pm by Frank Cranmer
Athwal v State of Queensland [2023] QCA 156 considered the constitutionality of the prohibition under Queensland’s Weapons Act 1990 on bringing a kirpan into a school. [read post]