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22 Oct 2016, 1:56 am by Ryan McKeen
Strict liability does not depend on intent or harm. [read post]
14 Mar 2008, 6:00 am
This practice was "fraudulent" and "unfair" under the UCL, the plaintiff claimed, because the defendant did not disclose the practice and did nothing that "'would lead a reasonable consumer ... to seek the discount, or discern that the prompt-pay discount is available to all who pay promptly.'" Slip op. at 2. [read post]
18 Jul 2008, 12:50 am
NMFS’s action, however, does not involve the environmental consequences of a particular project. [read post]
4 Jun 2012, 12:54 pm by Ken Shigley
In Georgia, a deceased person cannot be a party to legal proceedings and any suit brought against a deceased defendant is a nullity.FN5 The fact that Cox may have perfected service against Dodson in the prior suit does not affect the fact that she has not perfected service against him in the renewal suit and accordingly, no action was ever commenced. . . . [read post]
1 Aug 2017, 10:06 am
, here is what the defendants in the case argued:(1) The commercial purpose of ISP/IBPs is not anti-piracy The defendants reasserted that protecting IP right holders' interests does not fall within the professional or commercial purpose of their business. [read post]
14 Nov 2014, 11:05 am
The good stuff starts with the paragraph beginning "By the same token, we reject the Government's argument that § 2422(b) does not require the defendant to attempt to transform or overcome the minor's will. [read post]
16 Apr 2007, 5:42 pm
Defenders of Wildlife and Environmental Protection Agency v. [read post]
23 Jan 2014, 6:53 am
§2(b), has not been extended to the prescription-drugs context. [read post]
13 Mar 2014, 12:18 pm by emagraken
 Although various offers were made during the course of the proceedings at the start of trial the Defendant had a formal settlement offer of $100,000 and the Plaintiff’s formal offer was for $2 million. [read post]
23 Mar 2022, 4:19 am by Mario Machado
As a write this piece, day 2 of Judge Jackson’s confirmation hearing is under way. [read post]
23 Aug 2023, 9:52 am by Olivia K. Plinio
Despite this expansion of the scienter standard, Justice Thomas’s opinion does offer several “consolation prizes” for FCA defendants. [read post]