Search for: "US v. Dutton"
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17 Feb 2011, 9:08 pm
On appeal, Frye and dozens of Federal Circuit cases tell us that an appellant has only the burden of going forward, not the burden of persuasion – on prima facie case issues, the burden of persuasion always stays with the PTO, to a preponderance of evidence.[8] The appellant can meet the burden of going forward by identifying an error in the examiner’s position, either procedural or substantive.If the examiner failed to address an element of the prima facie case, the appellant… [read post]
10 Sep 2010, 8:07 am
The third's a little hard to research, so we'll use a proxy for the allowing of negligence concerns in strict liability, which is whether a plaintiff’s comparative fault/negligence reduces the verdict or at some level becomes a complete defense.Here's what we've found:AlabamaAlabama follows its own peculiar form of strict liability called the “Alabama Extended Manufacturer’s Liability Doctrine. [read post]
21 Aug 2010, 7:35 pm
Law and the "Law of Nations"(Julian Ku, Opinio Juris) Prosecuting Pirates in National Courts: US v Said and Piracy under US Law(Douglas Guilfoyle, EJIL: Talk!) [read post]
25 Jul 2010, 12:10 pm
This was well-summarised by the Court in the following terms: (i) a claim for possession of land is the modern equivalent of a claim for ejectment (see the discussion in Secretary of State for the Environment v Meier [2009] UKSC 11; [2009] 1 WLR 2780, paragraphs 6-7, 26-33, and 59-61); (ii) a claim for ejectment (as opposed to a claim for an injunction in trespass) could only be maintained by someone who could establish a legal estate in the land (see e.g. per Lord Mansfield CJ, and Aston… [read post]
25 Jul 2010, 12:10 pm
This was well-summarised by the Court in the following terms: (i) a claim for possession of land is the modern equivalent of a claim for ejectment (see the discussion in Secretary of State for the Environment v Meier [2009] UKSC 11; [2009] 1 WLR 2780, paragraphs 6-7, 26-33, and 59-61); (ii) a claim for ejectment (as opposed to a claim for an injunction in trespass) could only be maintained by someone who could establish a legal estate in the land (see e.g. per Lord Mansfield CJ, and Aston… [read post]
29 Jun 2010, 5:00 pm
As used in this paragraph, "laser sighting system or device" means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm. [read post]
3 May 2010, 9:06 am
US Fire Ins Co Mid Continent Casualty v Eland Energy Milwaukee Metro Sewerage Dist v. [read post]
4 Nov 2009, 5:17 am
Dutton-Lainson Company here. [read post]
4 Nov 2009, 5:17 am
Dutton-Lainson Company here. [read post]
3 Nov 2009, 1:45 pm
Dutton wouldn't be a renowned actor. [read post]
3 Nov 2009, 11:44 am
Florida and Graham v. [read post]
17 Oct 2009, 6:39 am
Florida and Graham v. [read post]
8 Sep 2009, 11:37 am
Check out this case:It basically states that unless your lender actually signs your loan modification agreement then YOU DON'T HAVE A LOAN MODIFICATION.Has anyone actually gotten a signed loan modification? [read post]
24 Feb 2009, 7:35 am
Dutton [2001] 2 S.C.R. 534). [read post]
1 Oct 2008, 12:13 pm
Walker v. [read post]
3 Jul 2008, 7:27 am
Recently, however, the Fourth Circuit applied the test used in § 2254(d)(1) without expressly adopting it. [read post]
6 Mar 2008, 1:17 pm
Dutton, Supervising Deputy Attorney General, and Deana L. [read post]
17 Oct 2007, 5:39 pm
Dunn v. [read post]
20 Sep 2007, 2:59 pm
Dutton's book on the US and French health care systems. [read post]
4 Mar 2007, 8:29 am
Kirby v. [read post]
