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16 Nov 2018, 4:27 am by Andrew Lavoott Bluestone
Further, even accepting the remaining allegations in the complaint as true, the plaintiff failed to adequately allege that the defendants engaged in an act of deception, fraud, or misrepresentation after the statute of limitations on the personal injury claim had expired (see Putter v North Shore Univ. [read post]
15 Nov 2018, 9:01 pm by Vikram David Amar
Even if one small tax might not by itself bring the Bank of the U.S. to its knees, the “power to tax involves the power to destroy,” and so states are forbidden from imposing taxes on federal entities.What is true for taxation, the Supreme Court has since held, is also largely true for regulation. [read post]
14 Nov 2018, 11:36 am by Second Circuit Civil Rights Blog
The question in this case is whether the 20-employee minimum holds true under the ADEA. [read post]
14 Nov 2018, 2:31 am by Matrix Legal Support Service
This approach requires the patentee to demonstrate that the specification discloses some scientific reason why the implied assertion of efficacy in the patent claim may well be true, and as such more than a bare assertion or mere possibility of therapeutic efficiency is required. [read post]
13 Nov 2018, 9:01 pm by Michael C. Dorf
Chief Justice John Marshall famously wrote in McCulloch v. [read post]
13 Nov 2018, 6:40 am
The same is true for individuals, in particular economic operators, who must be able to identify, clearly and precisely, what is the subject matter of protection which third parties, especially competitors, enjoy. [read post]
13 Nov 2018, 5:00 am by Daniel E. Cummins
In his recent decision in the case of Newhouse v. [read post]