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5 Aug 2024, 10:17 am
Teva Pharmaceuticals USA, Inc., 586 U.S. 123 (2019), the Supreme Court held that a commercial sale to a third party may place the invention “on sale” under § 102(a)(1), even if the sale does not disclose the details of the invention to the public. [read post]
27 Jun 2023, 9:01 pm
”[43] But section 14(a) does not specifically preempt state corporate law or even specifically mention shareholder proposals. [read post]
21 Aug 2023, 1:07 pm
Unlike Michigan, Minnesota does not cap attorney fees at one-third of the amount by which the ultimate award exceeds the good faith offer. [read post]
3 Aug 2017, 7:37 am
For example, produce has, since 1991, been the source of substantial numbers of outbreak-related E. coli O157:H7 infections.[27] Other unusual vehicles for E. coli O157:H7 outbreaks have included unpasteurized juices, yogurt, dried salami, mayonnaise, raw milk, game meats, sprouts, and raw cookie dough.[28] According to a recent study, an estimated 93,094 illnesses are caused by domestically acquired E. coli O157:H7 each year in the United States.[29] It is estimated that foodborne acquired O157:H7… [read post]
5 Nov 2019, 9:01 pm
As a result, a carbon tax does not have to be levied when carbon is emitted but can instead be imposed on the carbon content of fossil fuels. [read post]
8 May 2024, 2:26 pm
This analysis discusses (1) the retirement funding problems; (2) federal efforts to address the retirement funding problems; (3) why the current federal efforts will not take the spotlight off fiduciaries anytime soon; (4) what being in the spotlight will mean for fiduciaries; and (5) reducing fiduciaries’ risk profiles. [read post]
12 May 2017, 11:08 am
Yuba County School Bus Crash I’m Ed Smith, a Yuba County bus accident lawyer. [read post]
11 Mar 2017, 3:03 am
Berkeley Accident Statistics I’m Ed Smith, a Berkeley car accident lawyer. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
14 Jun 2019, 5:20 am
For the attorney-client privilege to attach, it must be: (1) A communication; (2) Made between privileged persons; (3) In confidence; and (4) For the purpose of obtaining or providing legal assistance. [read post]
21 Sep 2020, 11:49 am
Only candidates who demonstrate all of the required qualifications will be considered.Desired qualifications include: (1) Masters or equiva [read post]
17 Sep 2009, 4:30 am
That's three reasons for refusing to recognize a duty: (1) the interference with the physician/patient relation [read post]
19 Jul 2023, 9:05 pm
Scope 3 Emissions SB 253 would direct CARB to develop standards for GHG emissions reporting by January 1, 2025, with covered entities then required to begin annual reports following these standards in 2026 (for scope 1 and scope 2 GHG emissions) and in 2027 (for scope 3 emissions).[21] Scope 1 emissions are those that come directly from a company’s operations, such as its factories, heating plants, and vehicle fleets. [read post]
17 Oct 2013, 5:00 am
Therefore, we hold today that a plaintiff who does not read an allegedly inadequate warning cannot maintain a negligent-failure-to-adequately-warn action unless the nature of the alleged inadequacy is such that it prevents him from reading it.Id. at 971.This ruling has been extended to situations where the prescriber fails to read a warning. [read post]
Thoughts on the SG’s “Lesbian Comparator” Argument in the Pending Title VII Sexual-Orientation Cases
6 Sep 2019, 5:08 am
In a pair of cases that’ll be argued on October 8th—Bostock v. [read post]
2 Nov 2012, 5:00 am
In the South African Constitution, section 35(3)(h) of the Bill of Rights states: “Every accused person has a right to a fair trial, which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings. [read post]
18 Feb 2018, 7:45 pm
Equustek Solutions Inc.[1] issued a preliminary injunction on November 2, 2017 enjoining Equustek from enforcing the global de-indexing order it obtained against Google in a British Columbia court. [read post]
18 Jul 2020, 4:57 pm
I hereby declare a national emergency with respect to that threat.In light of the foregoing, I hereby determine and order:Section 1. [read post]
29 Jan 2022, 4:04 am
“The child’s representative shall have the same power and authority to take part in the conduct of the litigation as does an attorney for a party and shall possess all the powers of investigation and recommendation as does a guardian ad litem. [read post]
11 Jun 2010, 8:36 am
Accord, 1 Lundin §35.10, at 35–14 (2000 ed.) [read post]
