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The amended complaint further alleges that the defendants’ negligence proximately caused the plaintiff to sustain actual and ascertainable damages in that their delays in prosecuting the underlying action prevented him from being able to collect on the judgment that was eventually entered against the contractor (see Jean-Paul v Rosenblatt, 208 AD3d at 653; Aristakesian v Ballon Stoll Bader & Nadler, P.C., 165 AD3d 1023, 1024; Oberkirch v Charles… [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement?

30 Jun 2023, 12:57 am by Rose Hughes

"(G 1/92, r. 1.4, emphasis added)The Board of Appeal in the present referring case identified divergence in how Boards of Appeal have interpreted G 1/92 in view of this paragraph. [read post]

IPKat - http://ipkitten.blogspot.com/

The last grants of October Term 2022?

29 Jun 2023, 3:33 pm by John Elwood

That last case, United States v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Sixth Circuit Holds that Insanity Acquittee Bears Burden of Proof in Seeking Continued Release After Violating Release Conditions

29 Jun 2023, 1:20 pm by Squire Patton Boggs

United States v. [read post]

Sixth Circuit Appellate Blog - http://www.sixthcircuitappellateblog.com/

[Eugene Volokh] Court Rejects Disney Shareholder's Demand for Corporate Documents Related to Controversy over Florida Law

29 Jun 2023, 10:34 am by Eugene Volokh

From Simeone v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Racial considerations associated with admission to colleges and univesities violate the Constitution of the United States.

29 Jun 2023, 7:49 am by Public Employment Law Press

SUPREME COURT OF THE UNITED STATES Syllabus STUDENTS FOR FAIR ADMISSIONS, INC. v. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Racial considerations associated with admission to colleges and univesities violate the Constitution of the United States.

29 Jun 2023, 7:49 am by Public Employment Law Press

SUPREME COURT OF THE UNITED STATES Syllabus STUDENTS FOR FAIR ADMISSIONS, INC. v. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2023: Abstracts

29 Jun 2023, 3:11 am by Jan von Hein

All in all, there are many issues where one must hope for reasonable clarifications by the ECJ G. [read post]

Conflict of Laws .net - https://conflictoflaws.net

New referral to the Enlarged Board by T 0438/19 - is product on the market prior art if undue burden to analyse composition? (G 1/13)

29 Jun 2023, 12:29 am by Roel van Woudenberg

The decision discusses alleged conflicting or at least diverging application of G 1/92, as well as G 1/92 itself, in detail. [read post]

DeltaPatents EPO caselaw blog - http://dp-patentlaw.blogspot.nl/

US District Court concludes Second Amendment requires dismissal of federal felon-in-possession prosecution

28 Jun 2023, 9:18 pm by Douglas A. Berman

See Kanter v. [read post]

Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/

The Cost Corner: Government Contracts Cost and Pricing – DCAA Audits

28 Jun 2023, 5:49 pm by Keith Szeliga and Emily Theriault

DCAA’s Organization DCAA’s organizational structure consists of a Headquarters, four Corporate Audit Directorates (CADs) organized by major contractors, three geographical regions (Eastern, Central and Western) for other contractors, and a Field Detachment that focuses on classified work.[14] Overall, DCAA has approximately 230 offices located throughout the United States, Europe, and the Middle East.[15] DCAA’s Headquarters is located at Fort Belvoir, Virginia.[16]… [read post]

Government Contracts Blog - https://www.governmentcontractslawblog.com/

Ninth Circuit: Additional Information on Back of Packaging can Defeat Deceptive Labelling Claim

28 Jun 2023, 3:09 pm by Jaikaran Singh and Kelsey Finn

In McGinity, the plaintiff, on behalf of a putative consumer class, brought state law consumer protection claims against Procter & Gamble (P&G) for violations under California’s Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA). [read post]

Consumer Class Defense Counsel - https://www.foley.com/en/insights/blogs/consumer-class-defense-counsel

By a 6-3 vote, the Supreme Court holds that a federal prisoner who has already filed (and exhausted) a motion under 28 U.S.C. § 2255 can’t file another postconviction motion to raise a claim of legal innocence based on an intervening statutory-interpretation-decision of the Supreme Court. Section 2255(h) bars second or successive 2255 motions based on non-constitutional claims; and the “saving clause” of § 2255(e) doesn’t authorize a petition for a “writ of habeas corpus,” under § 2241, for claims barred by § 2255(h). Jones v. Hendrix, Sup. Ct. 21-857, __U.S.. __ (June 22, 2023).

27 Jun 2023, 12:31 pm by Darrell Fields

Jones v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

"What happens after the Supreme Court ends affirmative action, as is anticipated this week?"

27 Jun 2023, 7:07 am

In Washington v. [read post]

Althouse - https://althouse.blogspot.com

Advertising injury policy's IP exclusion means ROP claims aren't covered

26 Jun 2023, 6:56 am by Rebecca Tushnet

Covington Specialty Insurance Company v. [read post]

43(B)log - http://tushnet.blogspot.com/