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17 Nov 2014, 7:15 am
Does plaintiff’s failure to compel damages discovery as to pre-verdict time periods bar supplemental damages? [read post]
Expressed Hostility to Religious Belief of Vaccine Exemption Applicant Did Not Violate 1st Amendment
10 Feb 2024, 5:06 pm
It went on to hold that even if plaintiff had standing, she did not adequately allege that defendants substantially burdened her religious beliefs. [read post]
29 Sep 2016, 7:12 am
Most importantly, the public interest in making [defendant's drug product] available to doctors and their patients if it does not infringe a valid patent will be served by an immediate appeal. . . . [read post]
4 Dec 2012, 8:43 am
When asked why the Commonwealth did not elicit the testimony, the prosecutor explained that he does not discuss trial strategy with the press. [read post]
17 Jan 2022, 6:30 am
In Frazier the officer told the defendant that one of the defendant's friends had confessed. [read post]
16 Aug 2013, 7:27 am
As such, the defendant's motion for partial summary judgment on the punitive damages claim was granted by the court. [read post]
14 Apr 2024, 8:33 pm
Overcover risk in defending in against your Virginia DWI prosecution. [read post]
27 Nov 2023, 1:05 pm
This was just Dastar: “Design Gaps does not allege that the kitchens and cabinets cited in the Amended Complaint were actually sold in commerce by anyone other than the Peters Defendants. [read post]
14 Jul 2022, 4:00 am
In other words, the ZBA’s nonfinal decision here does not “give rise to an injury that is sufficiently concrete and particularized to satisfy Article III. [read post]
16 Jul 2014, 7:08 am
The Court does not alter its previous finding that there was no evidence of bad faith or litigation misconduct. . . . [read post]
5 Dec 2012, 1:45 pm
Finally, while corporations are often used to shield owners of personal liability, that protection often does not apply to intellectual property infringement cases, such as those involving patents, trademarks or copyrights. [read post]
23 Mar 2014, 7:11 pm
For better or worse, the answer is no, but does that mean those who post Revenge Porn are free from arrest or prosecution in New York City or New York State? [read post]
26 Aug 2016, 6:51 am
[Defendant] dismisses the nonpredictable bar code limitation because it was 'known in the prior art.' But a claim does not fail [Alice Corp. [read post]
17 Jan 2017, 7:17 am
[Defendant's] argument that 'dependent or multiple dependent claims [i.e., claim 4] shall be presumed valid even though dependent upon an invalid claim [claims 1-3],' does not establish [plaintiff's] challenge to claim 4 is frivolous. [read post]
22 Mar 2018, 7:10 am
To conclude that any one of these features -- simply because it is considered essential to a consumer -- could account for as much as a quarter of [defendant's] total profit is unreliable and does not consider the facts of the case, particularly the nature of smartphones and the number of patents that cover smartphone features. [read post]
10 Dec 2020, 10:37 am
The government had the number of people who used the ATM on camera; but the user number does not translate into the success rate. [read post]
10 Oct 2017, 7:10 am
The court denied plaintiffs' motion to strike the report of defendants' expert for including a previously undisclosed obviousness theory because defendants' contentions sufficiently supported the expert report, but allowed plaintiffs to take the expert's deposition before producing their own expert's report. [read post]
6 Nov 2015, 12:33 pm
That the defendant, after the conveyance, went to Mexico, and evaded service of process there, does not change things. [read post]
3 Oct 2016, 11:06 am
However, because the defendant's sentence was not yet final, and because the court had not considered the factors added by Amendment 794, the Sixth Circuit remanded for resentencing.The unsurprising holding regarding retroactivity in Carter is most relevant for what it does not stand for. [read post]
25 Oct 2020, 6:35 am
Moreover, if a criminal defendant has candy-coated his or her situation to his or her family members, the defendant will be all the more compelled to stick to that watered down story whenever relatives are present, which does not assist the defendant's obtaining his lawyer's full firepower. [read post]
