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2 Feb 2009, 12:49 pm
For an additional case interpreting CAFA liberally to avoid jurisdictional gamesmanship, see State of Louisiana v. [read post]
2 Feb 2009, 7:48 am
As the district court aptly stated, "in common parlance, [what] ERISA fiduciaries owe participants [are] duties of prudence and loyalty," Bunch, 532 F. [read post]
1 Feb 2009, 6:39 pm by Kenneth Vercammen NJ Law Blog
He has removed from the state or does not reside therein and neglects or refuses to proceed with the administration of the A-4672-07T2 6 estate and perform the duties and trust devolving upon him; or e. [read post]
25 Jan 2009, 1:17 pm by Kenneth Vercammen NJ Law Blog
Guhl, Director Division of Medical Assistance and Health Services STATE OF NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES O.B., : : PETITIONER, : ADMINISTRATIVE ACTION : v [read post]
23 Jan 2009, 1:00 am
(Managing Intellectual Property) (Law360) (Out-Law) ECJ rules German music distributor cannot sell two Bob Dylan compilation albums because Sony owns rights to songs in question: Sony Music Entertainment (Germany) GmbH v Falcon Neue Medien Vertrieb GmbH (IPKat) (Law360) ECJ: Date set for Advocate General’s opinion in L'Oréal SA, Lancôme parfums et beauté & Cie SNC, Laboratoire Garnier & Cie v Bellure NV, Malaika… [read post]
22 Jan 2009, 5:00 pm
Congress finds the following: (1) The Supreme Court in Ledbetter v. [read post]
22 Jan 2009, 11:55 am
gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed, I hereby order as follows:Section 1. [read post]
22 Jan 2009, 2:06 am
That testimony killed the plaintiff's standard product liability case, because under California (and almost all other states') law, a plaintiff cannot establish causation in an inadequate warning case where the prescribing physician did not rely upon the allegedly defective warning. [read post]
21 Jan 2009, 7:21 pm
  In State Street Bank, we addressed the "business method" exception to statutory subject matter, and stated that "[w]e take this opportunity to lay this ill-conceived exception to rest. [read post]
19 Jan 2009, 9:44 am
  It will be published a generation after the Supreme Court's landmark decision in Gregg v. [read post]