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16 Mar 2020, 1:54 pm by Kevin LaCroix
The court granted the motion for reconsideration on scienter grounds and dismissed the claims against the underwriter, without addressing the reliance argument. [read post]
22 Jan 2016, 8:34 am
.'s (`Albertson's’) (collectively, `Defendants’) Motion to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint [Docket No. 33]. [read post]
13 May 2021, 4:00 pm by Robert Chesney, Trey Herr
 Presidents can also insist upon certain terms being included in federal contracts, and can use EOs to put such changes into motion. [read post]
8 Feb 2012, 4:00 am by Devlin Hartline
The court reasoned that “Congress has historically demonstrated little compunction about removing copyrightable materials from the public domain. [read post]
19 Jun 2011, 10:13 pm
This "nexus of success" finding here is a thin cover, considering the claimed invention covered the accused product, whose success, as a matter of fact, could only be attributed to incorporating the invention.. [read post]
8 Apr 2019, 8:10 am by Rebecca Tushnet
  US should work to incorporate 512 in trade agreements to protect free speech and creativity.Smith: Pariser mentioned repeat infringer. [read post]
21 Aug 2020, 1:11 pm by Rebecca Tushnet
” Also: At some point in the late nineteenth century, Charles Lewis Tiffany developed and sold an engagement ring incorporating a particular style of six-prong diamond setting. [read post]
26 Mar 2013, 7:22 am by Devlin Hartline
Back in late 2011, a district court granted a motion to appoint a receiver made by one of Righthaven’s defendants, Wayne Hoehn. [read post]
14 Feb 2018, 2:57 pm by Kevin LaCroix
The class action asserted claims pursuant to Section 11 of the Securities Act alleging the registration statement contained material misrepresentations or omissions. [read post]
23 Apr 2020, 2:12 pm by Mark Weidemaier
Casa Express argues in opposing Venezuela’s stay motion that that customary international law is irrelevant when the contract is governed by New York law. [read post]
4 Jan 2021, 1:26 pm by Kevin LaCroix
The directors’ and officers’ liability environment is always changing, but 2020 was a particularly eventful year, with important consequences for the D&O insurance marketplace. [read post]
10 Apr 2007, 2:10 am
Affidavit: A written statement voluntarily signed under oath, usually in support of a motion. [read post]
2 Feb 2015, 2:56 pm
Cal. 2011) (granting anti-SLAPP motion to strike right of publicity claim), appeal pending, Nos. 11-56986, 12-55429; see also Tyne v. [read post]
4 May 2019, 12:39 pm by MOTP
  Because Citibank’s summary judgment materials are therefore insufficient to prove that Hay owed the amounts claimed for finance charges, we sustain her fifth issue as to those amounts, and we need not address her other challenges to those amounts.Accordingly, the summary judgment is: (1) reversed as to the finance charges and remanded to the trial court for further proceedings thereon; and (2) affirmed as to the remainder of the judgment.The First Court of Appeals itself cited… [read post]
18 May 2011, 5:13 am by Eugene Volokh
One incurs in it, among others and in the relevant part, when the judge, in the decision he or she emits, does not take into account or ignores, without basis for doing so, and important material fact that could not be bypassed; when on the contrary, the judge, without justification and without any basis for doing so, gives great weight and value to an irrelevant fact and bases the decision exclusively on it; or when, despite considering and taking into account all of the material… [read post]
Editor’s Note: Eduardo Gallardo is a partner focusing on mergers and acquisitions at Gibson, Dunn & Crutcher LLP. [read post]