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4 Jan 2011, 3:10 am by Scott A. McKeown
It is not the PTO’s responsibility, nor does the PTO have the resources, to evaluate such factual matters. [read post]
6 Jan 2010, 1:52 pm
In the matter at hand, the subsidiary argued that SYL adopted the “sham doctrine,” which examines whether an entity’s motivation behind a corporate structure was to obtain tax benefits. [read post]
14 Oct 2024, 4:34 am by Sophia Tang
The CPL 2024 does not formally establish the necessity jurisdiction, despite scholarly calls for its establishment.[4] Although the adoption of necessity jurisdiction in China remains a topic for further discussion, “other appropriate connections” may provide a mechanism for courts to exercise this type of jurisdiction when required.[5] Interpretation It is necessary to first establish the methodology for the interpretation of “other appropriate… [read post]
4 Apr 2011, 7:31 am by The Docket Navigator
Further, the fact that certain facts were not presented to the jury, such as the close issue of claim construction, does not preclude the court to consider them in its determination, as a matter of law, whether the first prong of [In re Seagate Tech. [read post]
26 Jun 2015, 2:32 pm
In a decision, much closer than I thought it would be, SCOTUS  has reversed the 6th Circuit and made marriage a union between two adults, no matter what their sexual orientation. [read post]
28 Jun 2024, 12:15 am
  California cases, however, make it clear that the state constitutional right to a jury trial is the right as it existed at common law in 1850 when the California Constitution was first adopted. [read post]
26 Aug 2014, 7:50 am
Does filing a proof of claim still waive objections to bankruptcy court jurisdiction on Stern matters, as it does with jury trials on preferences and fraudulent transfers? [read post]
14 May 2023, 9:05 pm by renholding
The SEC does not bring actions for bad legal advice, and state disciplinary agencies are not equipped to deal with the issue. [read post]
11 Jul 2023, 9:01 pm by renholding
Through bylaw amendments, of course (emphasis ours): To reflect [Sec. 14a-8] philosophy and intent, a company should have the right to adopt, in its governing documents, requirements[61] for shareholder proposals that differ from those set forth in rule 14a-8. fn 61: … Both courts and the [SEC] have stated that the right to present a proposal is a matter of state law. [read post]
11 Nov 2009, 9:26 am by Risk Registrar
" Highlights from the full article:“Risk Management Issue: What are the duties of a lawyer when he learns a fact in connection with the representation of a client that, although confidential in connection with that engagement, may be material to the lawyer’s representation of a second client in an entirely separate and distinct matter? [read post]
31 Aug 2018, 3:39 pm by Barbara van Schewick
According to case law, an agency that does not have the power to regulate does not have the power to preempt. [read post]
21 Jun 2016, 6:16 am
In Reprobel the CJEU held that the term ‘rightholders’ in the InfoSoc Directive does not include ‘publishers’. [read post]
13 Oct 2020, 7:50 am by Scott Moore
It adopted ambitious domestic clean energy policies and supported bilateral and multilateral climate diplomacy. [read post]
8 Nov 2017, 5:29 am
  Lord Sumption noted that the DoE is part of our law - it doesn't matter whether it is fair or not! [read post]
11 Apr 2023, 6:24 pm by David Kopel
[Bullet speed matters, but so does bullet weight] According to "assault weapon" ban proponents, the AR rifle's lethality is all about how fast its bullets travel. [read post]
15 Dec 2014, 12:56 pm by Venkat Balasubramani
Again Judge’s Facebook Friendship With Victim’s Parent Does not Taint Proceeding — Youkers v. [read post]