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5 Jun 2012, 4:37 pm
By Eric Goldman Farah v. [read post]
5 Jun 2012, 3:35 pm
While much of the case turns on the specific facts around the Mogden plant, Thames Water’s actions or lack of them and the specific evidence on the degree and effect of odour, there are broader principles involved and it is these I will focus on.The claim was by some 1350 claimants for nuisance allegedly caused by Thames Water at the Mogden Sewage works through odour and mosquitoes. [read post]
5 Jun 2012, 3:35 pm
While much of the case turns on the specific facts around the Mogden plant, Thames Water’s actions or lack of them and the specific evidence on the degree and effect of odour, there are broader principles involved and it is these I will focus on.The claim was by some 1350 claimants for nuisance allegedly caused by Thames Water at the Mogden Sewage works through odour and mosquitoes. [read post]
5 Jun 2012, 3:00 am
I asked esteemed fellow blogger Antonin I. [read post]
4 Jun 2012, 2:48 pm
It does not make sense to a non-copyright lawyer that a fair use might still be in violation of the anticircumvention law, and so they don’t think of it or even believe it. [read post]
4 Jun 2012, 1:20 pm
Nonetheless, for symbolic as well as bright-line rule reasons, I get (and appreciate) what Judge Nelson does. [read post]
4 Jun 2012, 6:14 am
I am reminded of Henry J. [read post]
2 Jun 2012, 9:01 pm
But, defendant was not prejudiced because he couldn’t show here that he wouldn’t have gone through with it anyway and not pled guilty. [read post]
2 Jun 2012, 12:12 pm
Here I shall only raise a few points that I consider germane.Protecting intellectual property, and particularly copyrights, presents an unprecedented challenge to legal systems the world over. [read post]
1 Jun 2012, 4:14 pm
The defendants were quite willing to remind doctors of this fact through their proposed protocols. [read post]
1 Jun 2012, 7:42 am
I apportion liability 50 percent to each of the plaintiff and the defendant. [read post]
1 Jun 2012, 5:38 am
United States v. [read post]
1 Jun 2012, 3:59 am
It appears Yeda (and their co-defendant in the revocation action, Teva) found out very quickly after Ms. [read post]
31 May 2012, 6:51 pm
The First Circuit’s decision in Massachusetts v. [read post]
31 May 2012, 10:00 am
Outside the post-FNC context, in Society of Lloyd’s v. [read post]
30 May 2012, 1:37 pm
Rost is available to review both plaintiff and defendant cases.Dr. [read post]
30 May 2012, 11:06 am
The complaint alleged that one of the Doe plaintiffs attempted to buy a prescription drug through an online pharmacy. [read post]
30 May 2012, 5:30 am
Despite some dramatic counter-examples, I still believe judges are pretty good at seeing through the self-serving allegations of a frustrated litigant, and I still have faith in the integrity of the overall comity-based scheme so memorably described by Judge Cardozo in Loucks v. [read post]
30 May 2012, 4:29 am
Likewise, the [Court of Appeals] has held that, in a prosecution against the defendant for sexual battery of his then spouse, it was error to admit a prior incident in which the defendant slapped his spouse, `because the perpetrator's state of mind is not an issue in a sexual battery case’” Hebel v. [read post]
30 May 2012, 4:00 am
As the US Supreme Court put it in Piper Aircraft Co. v. [read post]