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2 Mar 2018, 8:19 am by Guido Paola
The rapporteur should also be replaced on the basis of Article 24(3)EPC given that the communication accompanying the summons was not compliant with Article 11 of RPBA and infringed the right to be heard (Article 113 EPC),(c) the Board be enlarged to include a legally qualified member acquainted with the complexity of the right to be heard issue pursuant to Article 21(3)(b) EPC) and Article 9 RPBA,(d) the oral proceedings be postponed and new summons be issued by the new composition… [read post]
2 Mar 2018, 8:10 am by Scott R. Anderson
Dysfunction in al-Nashiri The most complex of these developments has taken place al-Nashiri, where the eponymous defendant stands accused of having participated in the 2000 attack on the USS Cole. [read post]
Manheim Investments, Inc., 775 F.3d 1193, 1199 (9th Cir. 2015) in which the Ninth Circuit held that a defendant may rely on “‘a chain of reasoning that includes assumptions to satisfy its burden to prove by a preponderance of the evidence that the amount-in-controversy exceeds $5 million’ so long as ‘the chain of reasoning and its underlying assumptions’ are ‘reasonable. [read post]
28 Feb 2018, 6:05 am by Terry Hart
”8766 F. 3d 756 (7th Cir. 2014). [read post]
27 Feb 2018, 9:01 pm by Sherry F. Colb
We now must pay attention and condemn the “not guilty” verdicts just as we would the conviction of an innocent defendant. [read post]
27 Feb 2018, 4:23 am by SHG
Bumble &Bumble, 398 F.3d 211, 217–23 (2d Cir. 2005), to the extent they held otherwise. [read post]
27 Feb 2018, 3:49 am by Ben
According to Defendants the Court’s ruling may “cause a tremendous chilling effect on the core functionality of the web”. [read post]
26 Feb 2018, 7:55 am by MBettman
Co., 561 F.3d 439, 443 (6th Cir.2009) (It is impermissible to consider each and every exposure to asbestos to be a substantial factor causing the disease. [read post]
26 Feb 2018, 6:31 am by Eric Goldman
The civil claims would be subject to Section 230’s immunity, but the statute would expressly reiterate what Section 230 already says: that it doesn’t apply if the defendant was responsible, in whole or part, for the content. d) it would create mandatory restitution for victims of (b). e) Section 230 would exclude any civil claims where the victim can prove a violation of the federal sex trafficking crime. f) Section 230 would exclude any state… [read post]