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29 Sep 2015, 2:12 pm
`Dismissal under Fed.R.Civ.P. 12(b)(6) is appropriate when a defendant raises a statutory bar,’ such as lack of timeliness, `as an affirmative defense and it is clear from the face of the complaint, and matters of which the court may take judicial notice, that the plaintiff's claims are barred as a matter of law. [read post]
29 Sep 2015, 5:20 am by Jon Hyman
Supposed Employee-A complains to HR that Employee-B is sexually harassing her, and, as soon as Employee-B finds out about the complaint, he unfriends Employee-A on Facebook. [read post]
28 Sep 2015, 2:25 pm by Arthur F. Coon
Whether any of this really matters in CEQA actions (and I tend to think it does) may ultimately depend on how broadly or narrowly one defines the term “administrative remedies. [read post]
28 Sep 2015, 6:00 am by David Kris
  The simplest approach in concept probably would be to remove or override domestic legal prohibitions on disclosure, where desired, in response to certain types of favored foreign production directives.[37]  As a matter of U.S. law, this would not be difficult technically (although it might be very challenging politically). [read post]
27 Sep 2015, 8:01 am by Associates and Bruce L. Scheiner
They must pay workers’ compensation benefits to employees injured while working – regardless of who was negligent – but they can’t also be sued. [read post]
27 Sep 2015, 1:13 am
Even the weather forecast isn't what it used to be ...]. [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
 Really interesting argument in the paper: trade dress is good candidate for rules even though it’s not (always) a rights-based limitation b/c other identification means are always available w/r/t any given design. [read post]
26 Sep 2015, 9:16 am by Rebecca Tushnet
  If context really does matter, then intuition is not necessarily a huge problem. [read post]
26 Sep 2015, 7:22 am by Rebecca Tushnet
  Authorial intent of creation of an exploitable copy should matter, which affects our analysis of bridal bouquets and tweets. [read post]
26 Sep 2015, 6:20 am by Jack Goldsmith
  The truth is we don’t know what was agreed to. [read post]
25 Sep 2015, 1:17 pm by Rebecca Tushnet
It doesn’t matter if it’s morally wrong; it’s economically problematic. [read post]
25 Sep 2015, 9:31 am by Rebecca Tushnet
 Not a matter of pro-publisher and anti-author. [read post]
25 Sep 2015, 9:15 am by Simon Fodden
He heard Vinh as if from a great distance going on about honour and shame, cursing those responsible for the débâcle at the gravel mine, which had stained the honour of them all. [read post]
25 Sep 2015, 8:17 am by Rebecca Tushnet
 Calibrating remedies to bargaining/penalizing those who reject early bargains—opposed to that as a policy matter. [read post]
25 Sep 2015, 7:05 am by S & F Media LLC.
[T]he law firm advised her to use her personal injury protection insurance for treatment, never advising her that her health insurance was also potentially available to cover medical costs. [read post]