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21 Feb 2024, 6:04 am by Barry Barnett
“Single” in patent claim preamble limited apparatus to finding just one biomolecule. 22-1410.OPINION.1-9-2024_2250463.pdf (uscourts.gov) Auto products buyer didn’t waive claim for seller’s breach by buying more from it. 221617.P.pdf (uscourts.gov) Bank that administered famous artist’s trust didn’t allege a viable RICO claim against trust beneficiaries for their efforts to increase payments from trust. 223331P.pdf (uscourts.gov) Copyright Act… [read post]
19 Feb 2024, 8:57 am by John Mikhail
Moreover, he evidently did so not as a Senator, Representative, or state legislator, but as an officer of the United States. [read post]
16 Feb 2024, 3:00 am by Jim Sedor
Simpson on New Ethics Bill: We want you to know where the line is Alabama Daily News – Mary Sell | Published: 2/9/2024 State Rep. [read post]
15 Feb 2024, 3:33 pm by Marty Lederman
  “[P]ut most baldly,” remarked Justice Kagan at oral argument, “I think that the question that you [counsel for the plaintiffs] have to confront is why a single state should decide who gets to be president of the United States. [read post]
13 Feb 2024, 1:14 pm by Murphy Law Firm Editor
United States before making its determination as to whether statutory provision infringed on claimant’s privacy interests; and, (3) limited ex parte contact between insurer and health care provider for the sole purpose of facilitating the administrative aspects of the claim handling procedure would not violate claimant’s right of privacy. [read post]
10 Feb 2024, 1:07 am by INFORRM
After a series of articles critical of a group of companies were published, the group of companies obtained an ex parte order from the High Court which ordered the return of documents the companies believed had been stolen from them and prohibited further publication of articles based on those documents. [read post]
8 Feb 2024, 2:35 pm by Yosi Yahoudai
” The amendment’s key provision, Section 3, says in part: “No person shall … hold any office … under the United States … who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. [read post]
8 Feb 2024, 1:47 pm by Ilya Somin
Thus, no one doubts that state courts can adjudicate whether a candidate for president meets the requirements that he be 35 years old, and a "natural born" citizen of the United States. [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
  Instead, the state court has merely determined that Trump’s name should be excluded from its primary ballot because Section 3 is virtually certain to preclude him from serving as President, even if there is (barely) a hypothetical chance that Congress might revive his eligibility to serve.The second (somewhat related) reason that Trump’s Term Limits argument doesn’t work is simply that it doesn’t satisfy the conditions for the test the Court… [read post]
7 Feb 2024, 2:02 pm by Marty Lederman
  Instead, the state court has merely determined that Trump’s name should be excluded from its primary ballot because Section 3 is virtually certain to preclude him from serving as President, even if there is (barely) a hypothetical chance that Congress might revive his eligibility to serve.The second (somewhat related) reason that Trump’s Term Limits argument doesn’t work is simply that it doesn’t satisfy the conditions for the test the Court… [read post]
5 Feb 2024, 5:05 am by Will Baude
§2383, which covers participation in rebellion or insurrection, and which provides that those found guilty "shall be incapable of holding any office under the United States. [read post]