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3 Mar 2009, 11:16 pm
The majority's major point is that, "[i]f Congress thought state-law suits posed an obstacle to its objectives, it surely would have enacted an express preemption provision at some point. [read post]
18 Apr 2019, 7:54 am by MBettman
Supreme Court’s decision in Gertz that allows states to retain substantial latitude when determining fault in private-figure defamation suits so long as the state does not impose liability without fault. [read post]
21 Apr 2008, 3:28 am
The case is Biomedical Patent Management Corp. v. [read post]
9 Oct 2020, 4:00 am by Howard Friedman
  In response, two important religious entities-- one Catholic and one Jewish-- have filed separate suits challenging the new Order.The complaint (full text) in Roman Catholic Diocese of Brooklyn, New York v. [read post]
30 May 2014, 3:23 pm by Law Lady
Copyright -- Infringement -- Limitation of actions -- Laches cannot be invoked to bar relief on copyright infringement claim brought within three-year window of Section 507(b) of the Copyright Act -- While laches cannot be invoked to preclude adjudication of claim for damages brought within Act's three-year window, in extraordinary circumstances laches may, at very threshold of litigation, curtail the relief equitably awarded -- Where petitioner, in her suit for copyright infringement,… [read post]
4 Nov 2013, 4:54 am
  A federal district court would not have subject-matter jurisdiction to hear the state-law claims (which could be heard by a California state court) but would have jurisdiction to hear the three federal claims. [read post]
30 Aug 2023, 5:09 pm by Samantha Young
Further, regarding the ongoing royalty, the district court stated that “the judgment [in the first suit] is reasonably interpreted to cover straws produced by third parties using GSS technology as licensed by ABS. [read post]
22 Oct 2014, 1:46 pm by MOTP
On September 22, 2011, Bashaw filed suit against Republic State Mortgage, alleging breach of fiduciary duty, fraud by nondisclosure, and defalcation. [read post]
30 Aug 2010, 12:14 pm
The one-year-back rule in MCL 500.3145(1) states that a claim for personal protection insurance must be brought within one year of an accident. [read post]