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21 Apr 2011, 1:36 pm
Id. at *1-2That’s one.Next, in Green v. [read post]
18 Apr 2011, 6:17 pm
If New York state courts presume that unsettled Pennsylvania law is the same as their own while federal courts in New York do their best to decide as the Pennsylvania Supreme Court would, the result will be the forum shopping and inequitable administration of the laws that are forbidden under Erie and its progeny. [read post]
15 Apr 2011, 6:02 am
We, of course think that's wrong under Erie - where the default should be, if a form of liability hasn't been recognized by a state court, then it should be dismissed by a federal court applying that state's law in a diversity action.ConnecticutIn Gerrity v. [read post]
15 Apr 2011, 4:50 am
Petitioner alleging disparate treatment in violation of his or her Title VII civil rights has the initial burden of setting out a prima facie case of unlawful discriminationWharff v State Univ. of New York, USCA, Second Circuit, 09-4534-cv Wilfred Wharff alleged that SUNY refused to promote him from Lab Technologist to Assistant Supervisor because of his gender. [read post]
14 Apr 2011, 7:17 pm
This program is complimentary to any attorneys admitted to practice in the State of New York. [read post]
14 Apr 2011, 12:28 pm
If New York state courts presume that unsettled Pennsylvania law is the same as their own while federal courts in New York do their best to decide as the Pennsylvania Supreme Court would, the result will be the forum shopping and inequitable administration of the laws that are forbidden under Erie and its progeny. [read post]
11 Apr 2011, 11:08 am
In the context of arguing that the New York Consumer Fraud Statute does not apply, the USGBC argues: USGBC's marketing--which is before this Court on this motion--is directed at businesses and professionals. [read post]
8 Apr 2011, 7:44 am
Jay Greene of CNET News summarizes the brief and provides a preview of the case. [read post]
6 Apr 2011, 8:09 am
Smith Yesterday’s post explored the economic intrusiveness of income verification via Alphonse Fletcher’s attempt to buy a fifth apartment in New York City’s Dakota co-operative, and the New York Times‘s salacious reportage about the board’s decision to deny the application based (they said) on their doubts about his financial wherewithal. [read post]
4 Apr 2011, 5:10 am
CQG, Inc (Chicago IP Litigation Blog) US Copyright The problem with the fifth fair use factor (Plagiarism Today) US Copyright – Decisions New York Court of Appeals to Second Circuit: Copyright owners suffered injury in New York for long arm jurisdiction: Penguin Group (USA) Inc. v. [read post]
3 Apr 2011, 2:07 pm
In Green v. [read post]
3 Apr 2011, 11:09 am
* Big news #3: In Righthaven v. [read post]
1 Apr 2011, 3:24 am
IBM among the reexamination requests filed week of March 14, 2011: (Patent Law Practice Center) Kodak – Impact of PTO’s reexamination analysis on ITC cases, at issue in Kodak’s “$1 billion case” against Apple and Rim digital camera mobile telephones (Reexamination Alert) Kodak – ITC decides to review initial determination in Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras (337-TA-703) (ITC Law Blog) (IPBiz) Microsoft… [read post]
31 Mar 2011, 5:04 am
” Media defence lawyer David Allen Green offered his considered support for the draft bill in New Statesman. [read post]
26 Mar 2011, 7:36 am
But many state supreme courts—including the New York Court of Appeals—have indicated that they do not care if federal (or sister state) courts use the predictive method concerning their unsettled law. [read post]
24 Mar 2011, 10:57 am
Today, March 24, is the centennial of the date on which the New York Court of Appeals issued its opinion in Ives v. [read post]
23 Mar 2011, 2:39 pm
New York, and Korematsu v. [read post]
23 Mar 2011, 8:55 am
But many state supreme courts—including the New York Court of Appeals—have indicated that they do not care if federal (or sister state) courts use the predictive method concerning their unsettled law. [read post]
17 Mar 2011, 12:14 pm
New York, and Korematsu v. [read post]
15 Mar 2011, 10:40 am
Sorrel v. [read post]
