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23 Dec 2008, 5:30 pm
Applicant respectfully traverses this attempted use of Official Notice as improper. [read post]
23 Dec 2008, 2:57 pm
Corso, No. 07-3901 Convicted mail thief is not permitted to appeal the court's application of sentencing Guidelines, where the appellate-waiver provision of his plea agreement grants the district court broad discretion to determine the applicable Guidelines range. [read post]
23 Dec 2008, 4:00 am
For example: In New York legislation was proposed in 2005 after the  tragic death of Jessica Smith, who was killed when a 9-foot piece of ice dislodged and flew from the top of an 18-wheel truck into the windshield of a truck traveling in the opposite direction. [read post]
21 Dec 2008, 9:56 am
The proceedings were transferred to the Administrative Court and stayed pending the appeal in Smith (On Behalf of the Gypsy Council) v Buckland [2007] EWCA Civ 1318. [read post]
20 Dec 2008, 3:00 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
18 Dec 2008, 10:36 pm
We've blogged before about the importance of both sides in personal injury litigation - and especially drug/medical device product liability litigation involving the learned intermediary rule - having equal rights to talk to treating/prescribing physicians. [read post]
18 Dec 2008, 6:45 pm
  The president should expedite such applications and grant them clemency. [read post]
18 Dec 2008, 2:10 pm
Governors should not be in the business of appointing senators, be they Kennedys, Cuomos, Smiths or Jones. [read post]
18 Dec 2008, 9:33 am
Adam Smith was talking about paper currency versus specie, not about preventing commercial banks from owning investment houses.Credit default swaps are still not tanking. [read post]
18 Dec 2008, 6:06 am
Canada (Minister of Transport)  [1992] 1 S.C.R. 3, 88 D.L.R. (4th) 1 at para. 42) - however, I agree with the Court's conclusion in  Smith v. [read post]
17 Dec 2008, 7:16 pm
Smith, No. 081394 In fifteen-year old conviction and sentence for offenses including criminal possession of a controlled substance in the first degree and attempted murder, grant of petition for writ of habeas corpus claiming ineffective assistance of counsel in connection to petitioner's plea deal is vacated and remanded where: 1) district courts should normally conduct their own evidentiary hearings before reaching independent credibility determinations; 2) the district court erred… [read post]
17 Dec 2008, 2:20 pm
The Court concluded the Wyoming Legislature did not intend for the general attempt statute to be applicable to the specific aggravated assault and battery statute. [read post]
12 Dec 2008, 10:55 pm
Retirement Pla     Western District of Kentucky at Louisville JULIA SMITH GIBBONS, Circuit Judge. [read post]
12 Dec 2008, 7:00 am
EU: European Commission preliminary report on its inquiry into competition in the pharmaceutical sector (Spicy IP) (Intellectual Property Watch) (Patent Baristas) EU: Enlarged Board of the EPO denies WARF’s patent application directed to human embryonic stem cells (Patent Docs) US: Patent Office assault on pharma industry (PLI) US: Proponent of gene patent ban Rep Xavier Becerra to leave Congress (Patent Docs) US: Merck & Co starts generic arm BioVentures to copy biologic… [read post]
11 Dec 2008, 10:33 pm
Since we last checked in, the Treasury Department has approved applications from 62 financial institutions (see the full list here). [read post]
10 Dec 2008, 2:09 pm
Looking Ahead -- CMS is hosting meetings in February on applications for Medicare inpatient prospective payment system new technology add-on payments, hospital outpatient ambulatory payment classification groups, and genomic testing. [read post]
8 Dec 2008, 11:03 am
Smith, Assistant Attorney General.Issues: Whether the district court erred in concluding that the State proved, by a preponderance of the evidence, that Appellant willfully violated the terms and conditions of his probation. [read post]