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5 May 2016, 6:59 am by MBettman
Fredericks, 586 F.2d 470 (5th Cir. 1978) (“[A]t trial, a defendant can neither assert the Fifth Amendment right against self-incrimination on behalf of a witness, nor, if the witness himself asserts his privilege, take advantage of an error of the court in overruling it. [read post]
5 May 2016, 5:38 am by Rebecca Tushnet
 Defendants argued that “record-breaking” in this context was mere puffery, and the court agreed. [read post]
4 May 2016, 1:12 pm by Eugene Volokh
David Hudson (Newseum) reports on Paul Robert Cohen, wearer of the famous “F— the Draft” jacket that went all the way up to the Supreme Court in Cohen v. [read post]
4 May 2016, 10:55 am by Venkat Balasubramani
. * The court puts some weight on the fact that the defendant told its contractors not to infringe (a fact also mentioned in the bonus track case discussed below). [read post]
4 May 2016, 6:44 am by Bill Marler
An Introduction to Listeria Listeria (pronounced liss-STEER-ē-uh) is a gram-positive rod-shaped bacterium that can grow under either anaerobic (without oxygen) or aerobic (with oxygen) conditions. [4, 18] Of the six species of Listeria, only L. monocytogenes (pronounced maw-NO-site-aw-JUH-neez) causes disease in humans. [18] These bacteria multiply best at 86-98.6 degrees F (30-37 degrees C), but also multiply better than all other bacteria at refrigerator temperatures, something that… [read post]
4 May 2016, 6:00 am by Steven G. Pearl
Terrible Herbst, 653 F.3d 1081 (2011) (discussed here), in which the Ninth Circuit held that an unaccepted offer in full satisfaction of a plaintiff's claims does not moot a putative class action, remains good law after Genesis Healthcare Corp. v. [read post]
4 May 2016, 6:00 am by Steven G. Pearl
Terrible Herbst, 653 F.3d 1081 (2011) (discussed here), in which the Ninth Circuit held that an unaccepted offer in full satisfaction of a plaintiff's claims does not moot a putative class action, remains good law after Genesis Healthcare Corp. v. [read post]
3 May 2016, 5:08 pm by Kevin LaCroix
  One of the most recent examples of such FTC action is the 2013 enforcement case it brought against hotelier Wyndham Worldwide Corporation following a 2008-09 hack into Wyndham’s computer system.[9] In the Wyndham action, the FTC alleged numerous cyber-security failures by the hotelier, including failure to use readily available security measures such as firewalls, failure to adequately restrict access of third-party vendors to Wyndham’s computer network, failure to adopt… [read post]
3 May 2016, 2:02 pm by Alex R. McQuade
The United States has told Pakistan that it will have to finance the purchase of American F-16 fighter jets itself. [read post]
3 May 2016, 1:12 pm by emagraken
In his written submissions, the plaintiff states that “[i]f the court orders that the Plaintiff is to pay costs to ICBC, it means that Mr. [read post]
3 May 2016, 1:42 am by Dennis Crouch
ION Geophysical Corporation, No. 15-1085 (consequential lost-profit damages for infringement under Section 271(f)) 4. [read post]