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22 Dec 2010, 3:13 pm
Eq. 297, 299 (Ch. 1939) aff'd o.b., 128 N.J. [read post]
14 Oct 2014, 8:40 am
In moving to dismiss and/or strike their claims, Merck argued that whether analyzed as a Rule 23(d)(1)(D) motion to strike or a Rule 12(b)(6) motion to dismiss, the plaintiffs’ factual allegations were not sufficient to state a viable class claim. [read post]
11 May 2023, 6:07 am
Four years later under George W. [read post]
15 Aug 2024, 9:33 pm
In a recent National Bureau of Economic Research working paper, W. [read post]
24 Sep 2024, 5:00 am
Bei Strafbefehlen bleibt häufig offen, wieso genau eine Bestrafung erfolgt ist.Klarheit würde eine Einsprache gegen den Strafbefehl und damit voraussichtlich eine gerichtliche Prüfung bringen. [read post]
2 Jul 2009, 5:18 am
The court concluded that it didn't really like warnings very much, and that manufacturers should instead be encouraged to design products differently:[W]e strongly adhere to the principle that a manufacturer must make products that are not unreasonably dangerous, no matter what instructions are given in the warning. [read post]
31 Jan 2023, 6:36 pm
Admittedly, I am playing the role of the curmudgeon here by pointing out errors or confusions in the third edition of the Reference Manual. [read post]
18 May 2009, 5:24 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
27 Jul 2008, 3:27 pm
Schlueter, Punitive Damages § §1.3(C)-(D), 1.4(A) (5th ed. 2005) (hereinafter Schlueter) (describing the "almost total eclipse of the compensatory function" in the decades following the 1830s).Regardless of the alternative rationales over the years, the consensus today is that punitives are aimed not at compensation but principally at retribution and deterring harmful conduct.9 This consensus informs the doctrine in most modern American jurisdictions,… [read post]
11 Apr 2014, 7:41 am
STERN v. [read post]
22 Aug 2014, 9:22 am
That’s not counting our posts on individual cases.We’re now two years post-Mensing and a year post-Bartlett, so we thought we’d take stock and see to what extent defendants have had any success in applying the impossibility preemption principles those decisions recognized outside of the limited context of generic drugs. [read post]
11 Jan 2016, 5:00 am
We ask “is this IP right invalid b/c it’s too broad” and “is the thing D is doing sufficiently similar to what P is doing” but generally not in an integrated proceeding “is the thing D is doing that P is doing the thing that can be controlled under this right? [read post]
6 Jun 2014, 3:38 am
§ 27.001(7)(A), (B), (D). [read post]
29 Mar 2013, 1:02 pm
They can do something else with the feed if they’d like. [read post]
8 Feb 2014, 2:51 pm
But is the result conditioned on the D failing to comply with a standard of conduct? [read post]
10 Mar 2020, 7:52 pm
However, “[w]hen a statute or regulation compels a private party to conduct a search, the private party acts as an agent of the government. [read post]
9 Aug 2024, 7:11 am
If we said that out loud within our discussions of reasonability maybe there’d be less of a conflict. [read post]
28 Apr 2011, 3:18 pm
Thus “[w]e do not believe comment k was intended to provide nor should it provide all ethical drugs with blanket immunity from strict liability design defect claims. [read post]
21 Mar 2017, 9:31 am
” The current version of the order, Executive Order 12333, was issued by President Reagan in 1981, and amended by President George W. [read post]
10 May 2011, 3:46 pm
W. [read post]
