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Tenth Circuit Adopts Preponderance Standard for Proving Amount in Controversy
22 Aug 2012, 4:08 pm
., 683 F.3d 1242 (10th Cir. 2012), the Tenth Circuit Court of Appeals further defined the burden that a defendant must carry to prevent remand in a CAFA suit. [read post]
Class Action Blog - http://www.carltonfields.com/classactionblog/blog.aspx
Supplying Equipment For Use at Customers’ Facilities Does Not Create Regular and Established Place of Business
17 Jan 2018, 6:47 am by Docket Navigator
This rather creative argument does not satisfy the test set forth in [In re Cray Inc., 871 F.3d 1355 (Fed. [read post]
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
"If I say 'F#$% Kevin Martin and the horse he rode in on,' am I obviously encouraging rape and bestiality?"
7 Nov 2008, 9:01 am
Nunberg examines the serious linguistic question whether it's true, as Martin said, that "the F-word 'inherently has a sexual connotation' whenever it's used. [read post]
Althouse - http://althouse.blogspot.com/
Recent Ninth Circuit UCL decision considers all three prongs: Friedman v. AARP, Inc.
5 Jul 2017, 4:00 am by Kimberly A. Kralowec
., 855 F.3d 1037 (9th Cir. [read post]
The UCL Practitioner - http://www.uclpractitioner.com/
US v. Lujan
5 Oct 2007, 5:19 am
Alas, the 9th holds that Kincade, 379 F.3d 813 (9th Cir. 2004) (en banc) and Reynard, 473 F.3d 1008 (9th Cir. 2007) control. [read post]
Ninth Circuit Blog - http://circuit9.blogspot.com/
General Warning to Industry Did Not Create Substantial Controversy Sufficient to Support Declaratory Judgment Claim
23 Nov 2011, 11:08 am by The Docket Navigator
Kinetic Concepts, Inc., 599 F.3d 1377 (Fed. [read post]
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
Continuing Use of Accused Products Sold Prior to Notice of Patent is not Direct Infringement Sufficient to Support Claim of Indirect Infringement
10 Aug 2010, 8:12 am by The Docket Navigator
Co., 107 F.3d 1543, (Fed. [read post]
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
Gutierrez v. Wells Fargo: Ninth Circuit Holds Defendant Waived Arbitration, Affirms Liability for Fraudulent Conduct Under UCL
11 Jan 2013, 7:08 am by rhall@initiativelegal.com
Wells Fargo Bank, NA, ___ F.3d ___ (9th Cir. [read post]
Impact Litigation Journal - http://www.impactlitigation.com/
Two Recent Circuit Court of Appeals Decisions Addressing Standing Under The Antitrust Laws
7 Feb 2008, 12:52 pm
Microsoft Corporation, 505 F.3d 302 (4th Cir. 2007). [read post]
Antitrust Law Blog - http://www.antitrustlawblog.com/
W.D.Pa.: Taking DNA by SW not a critical stage
6 Jan 2012, 5:39 am
Lewis, 483 F.3d 871, 874 (8th Cir. 2007). [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
Bilksi and Quanta Warrant Amendment of Pleadings to Assert New Defenses
9 Jun 2009, 12:56 am
Defendant was permitted to amend its pleadings eight years into the litigation where the bases for defendant's newly asserted defenses were the recent decisions of In re Bilski, 545 F.3d 943, 959-60 (Fed. [read post]
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
Judge Ward Rejects Broad Interpretation of Bilski, Denies Motion on the Pleadings that Asserted Method Claims are Invalid
3 Apr 2009, 12:58 am
The court denied defendant's motion for judgment on the pleadings that the asserted method claims were invalid in light of In re Bilski, 545 F.3d 943 (Fed. [read post]
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
Ninth Circuit: Rule 12(f) cannot be used to strike a claim for damages unavailable as a matter of law
22 Aug 2010, 11:47 pm by The Complex Litigator
 The Court concluded that to permit the use attempted by the defendant would create a redundancy within the federal rules. [read post]
the complex litigator - http://www.thecomplexlitigator.com/post-data/
EDNY Judge Denies Acquitted Defendant's Motion for Expungement of Arrest Record
27 May 2008, 10:29 am
  Citing reduced employment opportunities, the defendant in United States v. [read post]
New York Federal Criminal Practice - http://www.nyfederalcriminalpractice.com/
Untitled
10 Dec 2014, 8:10 am by Lawrence Kasperek
Margiotti, 85 F.3d 100, 103 (2d Cir.1996). [read post]
New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/
Before dismissing unverified § 2255 motion as defective, defendant must be given opportunity to conform motion to meet procedural requirements
28 Jun 2007, 6:44 am
Guerrero,No. 05-3299, ___ F.3d ___ (10th Cir. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Ninth Circuit Doesn't Believe Defendant Lacked Contacts with California
9 Aug 2011, 9:26 pm by Michael Atkins
AcademyOne, Inc., __ F.3d __, 2011 WL 3437040, No. 08-1987 (9th Cir. [read post]
Seattle Trademark Lawyer - http://seattletrademarklawyer.com/blog/
CA8: Removing defendant's bag from Greyhound bus was a seizure
12 Jul 2009, 8:25 am
Va Lerie, 424 F.3d 694 (8th Cir. 2005) (en banc). [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
CA: Defendant abandoned his motel room in flight from murder
12 Jul 2008, 1:30 pm
Monzon, 359 F.3d 110, 118-19 (2d Cir. 2004) (internal quotations omitted). [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
District Court Excludes Evidence of Lost Profits Where Inventor Did Not Make Products That Practiced the Patent Even Though a Related Corporation Did
8 Aug 2016, 5:54 am
GSE Lining Tech., Inc., 383 F.3d 1303, 1311 (Fed. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/