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12 Mar 2009, 7:00 am
Feb. 20, 2009), found just about as much preemption (express, anyway) as any court since Riegel.No matter what the Supreme Court does, courts continue to view tort preemption questions through the lenses of their own particular philosophies.Since legal bloggers are necessarily masochists, we'll do the icky one first. [read post]
11 Mar 2009, 1:03 pm
  Because I agreed to reduce my contingent fee to 20% if we settled within the first 60 days after delivery of the demand package to the defendant and insurance company, it turns out to be a win-win situation for everyone, with quick closure on the most favorable possible terms for the family. [read post]
11 Mar 2009, 1:03 pm
  Because I agreed to reduce my contingent fee to 20% if we settled within the first 60 days after delivery of the demand package to the defendant and insurance company, it turns out to be a win-win situation for everyone, with quick closure on the most favorable possible terms for the family. [read post]
11 Mar 2009, 6:08 am
It does not take into account any amounts that defendants or their insurers were obligated to pay as part of settlements to plaintiffs that opted out of the settlement class. [read post]
10 Mar 2009, 6:23 am
"We have to educate motorists and residents that giving panhandlers money on the street does not help them. [read post]
8 Mar 2009, 6:28 am
            Does Regulation (EC) No 1348/2000 on the contrary apply exclusively in the context of judicial cooperation between Member States and court proceedings in progress (Articles 61(c), 67(1) and 65 EC and recital 6 of the preamble to Regulation (EC) No 1348/2000)? [read post]
5 Mar 2009, 9:20 am
The suit doesn’t name defendants, except to call them “John Does 1 to 100″ and “ABC Corporations 1 to 5,” according to this story in the Daily Press. [read post]
4 Mar 2009, 2:10 pm
" The section also inserted into the "table of sections" of title 1 of the U.S. [read post]
3 Mar 2009, 11:16 pm
Thus the majority concludes that a threat of FDA enforcement action does not result in preemption by reason of impossibility. [read post]
3 Mar 2009, 6:07 pm
Susan Faludi defended it in a Newsweek story on sexual correctness.[13] Naomi Wolf refers to it in The Beauty Myth, calculating that acquaintance rape is "more common than lefthandedness, alcoholism, and heart attacks. [read post]
1 Mar 2009, 9:29 am
  Plaintiff does not allege that Defendants made any misrepresentation or omission of material fact to support a claim for fraud or that Defendants' breached any other duty independent of their contractual obligations. [read post]
28 Feb 2009, 1:23 pm
Plaintiffs’ claim, according to the Supreme Court, “sounds in disloyalty, not improper defensive conduct … [and] does not allege any hostile takeover attempt or similar threatened external action from which it could reasonably be inferred that the defendants acted ‘defensively’. [read post]
24 Feb 2009, 11:45 am
U.S. 3rd Circuit Court of Appeals, February 20, 2009 Ponta-Garcia v. [read post]
24 Feb 2009, 6:42 am
Here are my thoughts: On Whether or Not to File a TIGTA Complaint 1. [read post]
24 Feb 2009, 3:35 am
  I’m sympathetic to the defendant’s claim here, but if almost half a century isn’t an “unreasonable delay” as a matter of law, it’s hard to see what would be. [read post]
24 Feb 2009, 12:12 am
The complaint (which can be found here) is filed on behalf of those persons who purchased the company’s securities between March 1, 2007 and November 12, 2008. [read post]
23 Feb 2009, 8:22 am
Some investment managers, in addition, were charging their customers an additional one percent "management fee" annually -- for doing absolutely nothing -- plus 20 percent of the profits, again for doing nothing. [read post]