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27 Feb 2024, 7:00 am by Alysa Z. Hutnik
” It explains that “[w]here the consumer has revoked consent in response to a telemarketing call or message, it remains unclear whether the consumer has expressed an intent to opt out of otherwise exempted informational calls absent some indication to the contrary. [read post]
12 Oct 2015, 6:10 am by Eugene Volokh
” The First Amendment prohibits brief punishments for past speech, and brief restrictions on future speech, as well as long-term ones. [read post]
4 May 2018, 11:24 am
(Emphasis added and citations omitted.)My two cents: Courts have long held abstract ideas to be unpatentable, and in Alice Corp. [read post]
2 Jan 2013, 9:44 am by Bexis
 As the court stated:[W]hen the plaintiff is foreign to the chosen forum and when the action giving rise to the litigation did not occur in the chosen forum, the plaintiff’s choice of forum is accorded less deference. [read post]
27 Nov 2013, 12:07 am by Kevin LaCroix
Snow of the Kirkland & Ellis law firm, “highlights the possibility for a buyer to recover multiple-based damages under R&W insurance. [read post]
3 May 2023, 7:39 am by Rebecca Tushnet
Thus, courts generally have no difficulty finding named plaintiffs typical of a class so long as the challenged statement is consistent across the class. [read post]
20 Jun 2013, 10:04 am by Prashant Reddy
      “[W]here a reverse payment threatens to work unjustified anticompetitive harm, the patentee likely possesses the power to bring that harm about in practice. [read post]
18 Jun 2018, 9:30 am
President Nixon made a similar claim when he said, “[W]hen the president does it, that means that it is not illegal. [read post]
13 Feb 2023, 4:00 am by Michael C. Dorf
That's certainly how Justice Alito (in Dobbs and beyond), Justice Thomas (in Bruen and beyond), and most of the other SCOTUS conservatives want to read the Constitution--in light of the practices of the founding generation.There is, unfortunately, a long tradition of denying the import of the broad ideals of our founding documents in light of the founders' failure to live up to them, rather than taking those idealistic phrases at face value. [read post]
30 Apr 2019, 7:22 am
   It is concerning that after the CJEU’s decision - which is meant to harmonize the law - we are seeing extremely diverging decisions in Europe in relation to the validity of SPCs.Brian W. [read post]
30 Jul 2016, 10:37 am by Andrew Delaney
Here, to make a long story short, the majority concludes that the Town’s and the neighbors’ gripe about not considering the standards document doesn’t hold up. [read post]
19 Apr 2013, 12:41 pm by Kevin Goldberg
 Supreme Court review is usually the longest of long shots. [read post]
12 Feb 2013, 9:15 am by Florian Mueller
Indeed, Oracle's brief notes that "[w]hat a plagiarist feels it must copy to benefit from the original work is irrelevant, because copyright 'subsists from … creation and ... endures.' [read post]
16 May 2021, 7:01 am by Haroro J. Ingram, Lorenzo Vidino
[W]e are a province, the Central Africa Province which is one province among the numerous provinces that make up the Islamic State. [read post]