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14 Feb 2011, 7:31 am by Kara OBrien
Smith, 591 A.2d 194, 208 (Del. 1991) (holding that plaintiffs are not entitled to discovery prior to responding to a motion to dismiss in a demand-refused case). [5] See, e.g., In re Dow Chem. [read post]
16 Jun 2014, 9:37 am by MBettman
Cincinnati Milacron Chems. and its progeny recognize that notwithstanding the immunity furnished to co-workers by R.C. 4123.741, an individual co-worker can be held liable for a workplace intentional tort when the co-worker has committed an act which was substantially certain to injure the plaintiff. [read post]
23 Dec 2023, 7:16 pm by admin
Joiner had can cause small-cell lung cancer.[13] Perhaps the most egregious lapses in scholarship occur when Ranges, a newly minted scientist, and her co-author, a full professor of law, write: “For example, Bendectin, an antinausea medication prescribed to pregnant women, caused a slew of birth defects (hence its nickname ‘The Second Thalidomide’).49”[14] I had to re-read this sentence many times to make sure I was not hallucinating. [read post]
11 Jun 2010, 2:15 pm
The court explained that "'if unenforceable due to inequitable conduct, a patent may not be enforced even by "innocent" co-inventors. [read post]
14 Jun 2011, 7:01 am by Alexander Gibson
The Class Actions Post-Concepcion: A Defining Moment in American Jurisprudence Whatever happened to state’s rights, Justice Scalia? [read post]
9 Mar 2013, 8:48 am by Schachtman
Merrell Dow Pharm., 509 U.S. 579, 590 (1993) Professor Faigman correctly observes that, although lawyers and lower court judges have obsessed over the so-called Daubert factors, the actual holding of Daubert was “the requirement that an expert’s testimony pertain to ‘scientific knowledge’ establishes a standard of evidentiary reliability. [read post]