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17 Jun 2014, 8:45 am
Medtronic Inc., 704 F.3d 1224 (9th Cir. 2013), the wrongly decided Ninth Circuit opinion allowing the plaintiff to allege state law failure-to-warn claims based on the purported failure to report adverse events to the FDA. [read post]
17 Jun 2014, 4:56 am by Steve Vladeck
[Perhaps Judge Coleman might have argued that § 1806(f) is focused on disclosures to the defendant, and doesn’t control disclosures to his security-cleared lawyer (especially insofar as constitutional concerns might otherwise arise), but that argument appears to not have been pursued.] [read post]
17 Jun 2014, 3:30 am by Peter Katz
Third, for purposes of the ACCA, it doesn’t matter what your prior sentence actually was – it only matters what it could have been. [read post]
16 Jun 2014, 2:47 pm by Jamie Dierks
  For one, it exercised its discretion to consider plaintiffs’ wastewater disposal arguments on appeal, even though they were not presented to the trial court, because “issues concerning the adequacy of a CEQA disclosure present questions of law” and “matters involving [wastewater] disposal … affect the public interest …. [read post]
16 Jun 2014, 10:55 am
” But again this doesn’t deal with the counterarguments noted in item 2 above.) [read post]
16 Jun 2014, 9:23 am by Kelly Phillips Erb
It meets about once a year and each of the member associations gets one vote on matters of importance no matter how big or dominant the association (so yes, that means that Spain gets the same vote as Cameroon). [read post]
16 Jun 2014, 4:45 am by Rebecca Tushnet
McNeil-P.P.C., Inc., 973 F.2d 1033, 1046 (2d Cir. 1992) (house brands can prevent confusion). [read post]
15 Jun 2014, 10:36 am by Schachtman
City of Los Angeles Dep’t of Water and Power v. [read post]
13 Jun 2014, 12:35 pm by Rebecca Tushnet
  But that specificity would matter “only if the Lanham Act and the FDCA cannot be implemented in full at the same time. [read post]
12 Jun 2014, 6:04 pm by Steve Sady
The BOP de facto consecutive sentences inspired a chorus of concern by courts:• Judge Norris concurring warned practitioners of the sentencing trap that resulted in years in prison that “neither the federal nor the state sentencing court anticipated” (Del Guzzi, 980 F.2d at 1271);• Judge Fletcher joined two the Second and Eighth Circuits in calling for congressional action to address “serious separation of powers questions” when the BOP creates de facto… [read post]
12 Jun 2014, 5:15 pm by azatty
In other words, what do lawyers think they know, but don’t? [read post]
12 Jun 2014, 5:15 pm by azatty
In other words, what do lawyers think they know, but don’t? [read post]
12 Jun 2014, 1:55 pm by Ronald V. Miller, Jr.
The panel, while admittedly hesitant to centralize litigation on an industry-wide basis, thought it was the best solution in this matter. [read post]
11 Jun 2014, 2:00 pm by Don Cruse
The twenty grounds are subparts (A) through (T) of Family Code §161.001(1). [read post]