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13 Sep 2023, 5:25 am by Andrew Lavoott Bluestone
“Collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue raised in a prior action or proceeding and decided against that party or those in privity” (Buechel v Bain, 97 NY2d 295, 303 [2001], cert denied 535 US 1096 [2002]). [read post]
11 Jul 2012, 4:32 pm by Lawrence B. Ebert
In a case denying re-hearing in a case involving lodestar calculations, Judge Dyk and Judge Plager both have additional comments. [read post]
27 Feb 2008, 8:22 am
The re-performance of a song for use in a video game pursuant to a non-exclusive synchronization license does not, without more, violate the original artists' right of publicity, even if the artists are referenced, the U.S. [read post]
22 May 2010, 10:58 am by Patrick Hindert
If you are a defendant or liability insurer or re-insurer or structured settlement annuity provider re-thinking your structured settlement business practices following the Spencer v. [read post]
7 Mar 2023, 9:16 pm by Patent Docs
Noonan -- The Supreme Court's (re)consideration of the enablement requirement expected in its decision later this year in Amgen v. [read post]
10 Aug 2010, 3:54 am by Evidence ProfBlogger
Res ipsa loquitur (Latin for "the thing speaks for itself") is an evidentiary rule that a plaintiff can use when he has evidence that the defendant very likely injured him through negligence but cannot prove the particular manner in which... [read post]
31 Jan 2010, 5:40 pm by constitutional lawblogger
The United States Supreme Court may have blocked the actual broadcast of the Proposition 8 trial, but the enterprising folks behind www.marriagetrial.com are re-enacting the trial, using the transcripts and the reports from bloggers and tweeters. [read post]
2 Nov 2013, 5:01 am by Lawrence B. Ebert
”See In re Hauserman, Inc., 892 F.2d 1049, 15 USPQ2d 1157, 1158 (Fed.Cir. 1989) (unpublished)(quoting Arvin Industries, Inc. v. [read post]