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10 Sep 2017, 3:07 pm
To survive a motion to dismiss, the complaint "must contain sufficient factual matter to state a claim to relief that is plausible on its face. [read post]
24 Jul 2020, 7:07 pm
Pix Credit: HereIn a quite deliberate way, the United States has in the last several days (finally) articulated its ideological line respecting the nature and course of U.S. relations with China. [read post]
17 Sep 2024, 7:17 am
The defendant did so, leading to the present matter. [read post]
16 Sep 2010, 7:06 pm
Sorry all for not posting in a while. [read post]
15 Dec 2018, 7:41 am
Stamer is nationally recognized as a thoughtleader in health benefits and health care matters domestically and internationally. [read post]
16 Jul 2019, 6:12 am
(Under section 19(4) of the Act, in the case of a complaint that the broker has breached the code of ethics established by the Minister of Consumer and Business Services, the registrar may refer the matter to the discipline committee. [read post]
22 Jun 2022, 4:25 am
Inter-Coop filed suit, asserting that the search of Merrill’s personal cell phone was inadequate.[4] With respect to the asserted absence of messages to Merrill’s cell phone, Inter-Coop alleged that “it is common knowledge in the industry that the ARA [Assistant Regional Administrator Merrill] routinely texts about NMSF and Council matters. [read post]
7 Oct 2010, 12:27 pm
However, "[t]he question of substantial similarity is by no means exclusively reserved for resolution by a jury . . . in certain circumstances, it is entirely appropriate for a district court to resolve that question as a matter of law, `either because the similarity between two works concerns only non-copyrightable elements of the plaintiff's work, or because no reasonable jury, properly instructed, could find that the two works are substantially similar.'"[3]… [read post]
7 Sep 2023, 9:44 am
As John W. [read post]
1 Oct 2019, 6:14 am
The trial court asked Defendant’s trial counsel: “Up [until] the time that this matter occurred, Mr. [read post]
1 Apr 2011, 8:03 am
The matter is now before the court on the parties’ cross-motions for summary judgment. [read post]
16 May 2019, 10:21 am
Therefore, we affirm.[...]We hold that Cadence’s breach of the wire transfer agreement entitledElizondo to offset Cadence’s chargeback by the amount of the overdrawn funds asa matter of law.* * *In sum, Elizondo breached the UCC and the parties’ Deposit Agreement bydepositing the counterfeit check into his IOLTA bank account. [read post]
21 Oct 2019, 6:00 am
In last week’s post, we explored how the 1994 investigation into OJ Simpson offered an excellent real-world example of how the exigent circumstances doctrine worked in the first moments of a high-profile homicide investigation. [read post]
6 Jul 2022, 7:02 am
[w]ho are we to say whether government action has an ‘objective’ impact on religious observance or merely ‘diminishes [a worshipper’s] subjective spiritual fulfillment’”? [read post]
21 May 2024, 8:17 am
On the court’s own motion, the judge instructed the jury the next day that the search warrants in the case were appropriately issued and executed, and that “[t]here are no legal issues involving the search warrants in this case. [read post]
30 Jan 2023, 2:46 am
If they are users’ speech, section 230(c)(1) protects Google (as YouTube’s parent company) from being treated as the publisher in causes of action, such as defamation, in which being a publisher matters. [read post]
25 Dec 2022, 2:14 am
Papa I don’t want to marry Allan for some time, but I can get all he has, so what use is there in me marring him. [read post]
13 Mar 2023, 6:10 am
The first are aliens legally entitled to enter, temporarily or permanently, who are admitted as a matter of routine by immigration officers at ports of entry. [read post]
29 Aug 2011, 2:00 pm
Similarly, "[d]etermining the claimed function and the corresponding structure for a claim limitation written in means-plus-function format are both matters of claim construction . . . . present[ing] issues of law that we review de novo. [read post]
27 Mar 2019, 3:49 pm
Taxing authorities must immediately stop garnishments as soon as they receive notification of the bankruptcy, no matter what kind of tax debt you owe. [read post]
