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11 Mar 2024, 9:01 pm
Wal-Mart Stores, Inc., the court referred to the SEC staff’s no-action letter process on shareholder proposals as a “we-know-it-when-we-see-it” approach. [read post]
2 Jun 2020, 12:54 am
Trust Me, I’m a Liberal One of the reasons that the Daubert Court rejected incorporating the Frye standard into Rule 702 was its view that a rigid “general acceptance” standard “would be at odds with the ‘liberal thrust’ of the Federal Rules. [read post]
13 Jan 2009, 9:47 am
The District Court found that the defendants' buffer did not incorporate the one point of novelty that Egyptian Goddess' design had over the prior art: Swisa’s nail buffer had buffer pads on all four sides of its product instead of just three. [read post]
17 May 2021, 1:03 pm
Schulman, Incorporated,[iii] the Delaware Chancery Court found there was no proper purpose where the shareholder conceded that his reasons for seeking the documents were substantially different from those set forth in the document demand drafted by his attorneys. [read post]
20 May 2011, 12:26 pm
(collectively, “Funai”), Wal-Mart Stores, Inc., Best Buy Purchasing, LLC, BestBuy.Com, LLC, and Best Buy Stores, L.P (all Respondents collectively, the “Respondents”). [read post]
5 Mar 2014, 9:01 pm
According to Forbes and its own website, Hobby Lobby has $3.3 billion in annual revenue, 23,000 employees, 595 stores, and sells over 67,000 “crafting and home décor” items. [read post]
11 Feb 2012, 9:51 am
We should consider incorporating it into at least a few aspects of IP. [read post]
16 Jul 2009, 8:36 pm
Wal-Mart, Inc., 474 F.3d 1214, 1241 (9th Cir. 2007). [read post]
25 Sep 2014, 6:57 am
That’s what a Minnesota statute — now being challenged before the Minnesota Court of Appeals — does: Subdivision 1. [read post]
2 Jul 2009, 5:18 am
[T]o "read and heed," in the context of a learned intermediary, means only that the physician would have incorporated the additional risk into his decisional calculus.526 F.3d at 213. [read post]
14 Oct 2016, 8:16 am
What I find strange about that is that under the guise of interpreting the statute, we’re going to say that Congress slammed the door on apportionment by using “total profits” but opened the door wide by incorporating “article of manufacture,” allowing the same thing through a different analytical route, which seems policy-driven result.You could say it’s still good policy to rely on article of manufacture b/c avoids absurd results, such as the cupholder… [read post]
12 May 2015, 3:26 pm
., Inc. 90261J137 UBS Yield Optimization Notes with Contingent Protection linked to Apple, Inc. 90261J145 UBS Yield Optimization Notes with Contingent Protection linked to Adobe Systems, Inc. 902619824 UBS Yield Optimization Notes with Contingent Protection linked to Schlumberger, Ltd. 902619832 UBS Yield Optimization Notes with Contingent Protection linked to Corning Incorporated 902619840 UBS Yield Optimization Notes with Contingent Protection linked to Cisco Systems, Inc. 902619857 UBS… [read post]
2 Jan 2019, 2:55 pm
Mayes, 236 S.W.3d 754, 755 (Tex. 2007) (per curiam); Wal-Mart Stores, Inc. v. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
10 Jan 2017, 8:56 am
By William W. [read post]
17 Apr 2018, 8:40 pm
Part of the legacy of Newt Gingrich and his Contract with America (can I get damages for breach?) [read post]
30 Oct 2022, 10:01 am
Here is my annual list of Halloween torts and crimes. [read post]
30 Oct 2023, 8:51 am
Here is my annual list of Halloween torts and crimes. [read post]
