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17 Oct 2013, 5:00 am by Bexis
  This one gets less play than the others – perhaps because of how courts sometimes use “communication” to get around it in non-prescription medical product cases (more on that to come), or sometimes because plaintiffs might use the same testimony to claim medical malpractice.But prescriber failure to read can be a powerful tool. [read post]
7 Jun 2010, 6:11 am
In the Second Circuit, which includes New York, the test for confusion is that as laid down in the Polaroid Corp v Polarad Elecs. [read post]
7 Aug 2023, 9:56 pm by Ilya Somin
The addition of a road trip to an amusement park my be only a modest extension of that power. [read post]
11 May 2012, 3:44 pm by Steve Honig
  Since the Constitution grants to the Federal government all other power necessary to effect otherwise constitutional actions, the individual mandate perhaps can be backed into a convenient parking space of constitutionality through this argument, without reference to the Commerce Clause. [read post]