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7 Mar 2023, 5:40 am by Neil Wilkof
 Goh JC’s exhortations for consistent use of relevant terms as such “technical distinctiveness” and “non-technical distinctiveness” are also timely, given that much taxonomic uncertainty and confusion has arisen at both the Registry and High Court levels since Staywell. [read post]
23 Jul 2017, 6:19 pm by Brian Shiffrin
If the supporting affidavit had appeared perjurious on its face, the court would have conducted an in camera hearing to determine if the affidavit contained perjury and if it did, would have given the People the choice of turning over the affidavit for a hearing or discontinuing the prosecution (see, Franks v Delaware, 438 US 154; People v Alfinito, 16 NY2d 181). [read post]
18 Oct 2015, 9:32 am by INFORRM
 They are as follows: (1)        The awards are out of all proportion to the harm suffered when consideration is given to the accepted scale of damages for personal injuries. [read post]
15 Jul 2013, 12:26 pm by Florian Mueller
The United States Court of Appeals for the Federal Circuit has just given notice of a scheduling decision. [read post]
18 Apr 2013, 10:00 am by Dan Ernst
This presumption is metadoctrinal because it provides a generic argument against overruling that applies independently of the substantive context of any given case. [read post]
19 Oct 2022, 6:30 am by Guest Blogger
Connecticut (1965) led to the general right to use contraceptives in Eisenstadt v. [read post]
23 Oct 2015, 2:17 am
 The dispute had led to a referal to the CJEU, which was decided on 16 July 2015 (Case C-580/13 Coty Germany GmbH v Stadtsparkasse Magdeburg). [read post]
26 Oct 2010, 7:12 am by David Oscar Markus
I wrote about the lengthy 11th Circuit en banc opinion in US v. [read post]
16 May 2016, 9:38 am
 Given plaintiff’s arguments, the trial court also had to explain, very quickly, why Wyeth v. [read post]
20 Jan 2011, 5:00 am by J Robert Brown Jr.
The DC Circuit will give a close examination to the reasoning used by the Commission. [read post]