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23 Feb 2019, 2:48 am by Gregory B. Williams
February 19, 2019), the Court granted in part and denied in part the identical motions of defendants AGCO Corporation and Precision Planting LLC to dismiss Plaintiff Deere & Company’s claims for enhanced damages based on willful infringement for failure to state a claim upon which relief could be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). [read post]
23 Feb 2019, 1:30 am by Thaddeus Mason Pope, JD, PhD
If the patient or the person who requested the care or treatment on behalf of the patient continues to request the care or treatment after receiving the explanation from the provider of health care pursuant to subsection 2, the provider of health care must offer to:(a) Obtain another medical opinion; (b) Obtain an opinion from a committee established by the medical facility at which the patient is receiving care, if applicable;(c) Seek to transfer the care of the patient to another… [read post]
22 Feb 2019, 11:29 am by Eugene Volokh
District Judge Ronald Leighton, strikes down subsection (b) of the statute: [Subsection b's] breadth—by the plain meaning of its words—includes protected speech that is not exempted from protection by any of the recognized [First Amendment exceptions, namely obscenity, defamation, fraud, incitement, true threats, and speech integral to criminal conduct] ... [read post]
22 Feb 2019, 7:05 am by Kevin Kaufman
Specifically, Options A, B, and C would conform to the new federal standard deduction, while Option D would eliminate the standard deduction’s marriage penalty while maintaining the current sliding-scale structure. [read post]
22 Feb 2019, 6:19 am by MBettman
I am re-posting Attorney Bill Gallagher’s guest post on bail reform to include some additional information from him. [read post]
22 Feb 2019, 3:48 am
The Board found, "[b]ased on typical conventions of pronunciation in English, . . . [read post]
21 Feb 2019, 9:05 pm by Bill Marler
(b)  Causes of action arising out of an act or acts which the trier of fact finds beyond a reasonable doubt would constitute a felony under state or federal law. [read post]
21 Feb 2019, 2:13 pm by Lindsey A. Zahn
Federally, 27 CFR § 11.21 states that it is unlawful for an industry member to “sell, offer for sale, or contract to sell to any trade buyer, or for any such trade buyer to purchase, offer to purchase, or contract to purchase any products a) on consignment; or (b) under conditional sale; or (c) with the privilege of return; or (d) on any basis other than a bona fide sale; or (e) if any part of the sale involves, directly or indirectly, the acquisition by such person of other… [read post]
21 Feb 2019, 6:23 am by Matt McCormick and Keenan Adamchak
Anyone who has filed an application for a new noncommercial educational (NCE) station or a new Low Power FM (LPFM) station knows that many traps beset the unwary throughout the process. [read post]
20 Feb 2019, 2:13 pm by admin
B. 1963MichiganConstitutionandSubsequent Court Rules The 1963 Constitution deleted the provision that a jury would have the right to review “the necessity for using such property” that existed in the prior constitutions. [read post]
20 Feb 2019, 10:32 am by admin
The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]
20 Feb 2019, 9:00 am by Colby Pastre
Key Findings The tax code contains several provisions designed to make higher education more affordable and to encourage educational attainment. [read post]
20 Feb 2019, 8:28 am by Kathleen Scott (US) and Jackie Kim (US)
The Agencies invite comment from the public on all aspects of the proposed revisions, including whether the NPRM provides enough clarity for a banking entity to: (a) evaluate whether it qualifies for the exclusion from the definition of “banking entity,” and (b) evaluate whether a hedge fund or private equity fund sponsored by a banking entity is allowed to share the same name or its variation with an affiliated banking entity. [read post]