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26 Feb 2019, 9:01 pm by Sherry F. Colb
As long as it is legal to slaughter animals and sell their remains at market, people interested in consuming the resulting flesh have an interest in knowing that package A contains what they want while package B does not. [read post]
26 Feb 2019, 3:21 pm by Seyfarth Shaw LLP
Because Rule 23(f) conditions an appeal on filing a petition within 14 days, and because Appellate Rule 26(b) expressly states that a court of appeals “may not extend the time to file . . . a petition for permission to appeal,” the Supreme Court concluded that there is “clear intent to compel rigorous enforcement of Rule 23(f )’s deadline, even where good cause for equitable tolling might otherwise exist. [read post]
26 Feb 2019, 12:58 pm by MBettman
R. 23(B)(3)’s predominance requirement, and held that subsequent purchasers of bonds do acquire causes of action under R.C. 1308.16, including third-party claims for breach of contract. [read post]
Remember, the FTC has been claiming 13(b) authority as a way of imposing monetary relief on defendants, even though 13(b) makes no mention at all of such relief. [read post]
26 Feb 2019, 9:00 am by Dennis Crouch
District Court Judge Mark Walker dismissed the case on a R.12(b)(6) motion without taking any evidence — finding the asserted claims ineligible as a matter of law. [read post]
26 Feb 2019, 8:13 am by Kevin Kaufman
Presidents Clinton, Bush, and Obama all made USA-style proposals, albeit with different names.[8] Senator Jeff Flake (R-AZ) and Representative Dave Brat (R-VA) introduced the Universal Savings Account Act in 2015[9] and 2017.[10] The legislation would have allowed anyone 18 or older to open a USA and contribute up to $5,500 a year, after tax, and to withdraw for any purpose, without taxes or penalties. [read post]
26 Feb 2019, 7:17 am
Kim, & Viveca Pavon-Harr, Deforestation and the United States–Peru Trade Promotion Agreement Paula Franco Moreira, Jonathan Kishen Gamu, Cristina Yumie Aoki Inoue, Simone Athayde, Sônia Regina da Cal Seixas, & Eduardo Viola, South–South Transnational Advocacy: Mobilizing Against Brazilian Dams in the Peruvian Amazon Liliana B. [read post]
26 Feb 2019, 4:38 am by Lindsey A. Zahn
While industry members producing wine in or purchasing wine or grapes from Oregon should familiarize themselves with the proposed changes to 471.446, the following additions 471.446(6)(a) and (c) are worth highlighting: (6)(a) A wine is deceptively labeled or packaged as to origin if: (A) The wine is in whole or in part from Oregon grapes that were made into wine outside of Oregon; (B) The wine label or packaging uses an Oregon name or other geographic designation; and… [read post]
26 Feb 2019, 4:23 am by Andrew Lavoott Bluestone
“Real Property Law § 265-b governs the conduct of distressed property consultants. [read post]
25 Feb 2019, 1:49 pm by Rebecca Tushnet
Karanicolas: Infrastructure layer makes a difference: there’s a difference b/t Twitter kicking Milo off and Comcast installing a filter to prevent anyone on their network from seeing Milo’s content. [read post]
25 Feb 2019, 11:49 am by Jack Rubens and Lauren Chang
The air quality analysis in your EIR should (a) provide a description of the impact each pollutant would have on human health and (b) provide the concentration levels at which pollutants would trigger the identified symptoms. [read post]
25 Feb 2019, 10:06 am by Peter Groves
Why should the British Library's digital archive of the celebrated feminist magazine have any problems arising from the impact on the orphan works directive of B****t? [read post]
25 Feb 2019, 9:29 am by Daniel S. Blynn and Stephen R. Freeland
Twombly and Iqbal—two names that invoke fond memories of the first year of law school for the (much) younger attorneys—have defined the bar that each plaintiff must meet to survive a Rule 12(b)(6) motion to dismiss. [read post]