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21 Aug 2014, 7:21 pm by Maureen Johnston
The petition of the day is: Armstrong v. [read post]
30 Jun 2010, 3:16 pm by Eugene Volokh
(Eugene Volokh) Yesterday, the Supreme Court sent Maloney v. [read post]
23 Feb 2016, 6:51 am by Sean Wajert
See, e.g., Woods, 771 F.3d at 1262 (noting that “a party seeking remand to the state court bears the burden of showing jurisdiction in federal court is improper under one of CAFA's exclusionary provisions”); see also Serrano v. 180 Connect, Inc., 478 F.3d 1018, 1019 (9th Cir.2007) (“The structure of the statute and the long-standing rule on proof of exceptions to removal dictate that the party seeking remand bears the burden of proof as to… [read post]
16 Jan 2007, 10:55 am
  Remember insurance is a voluntary business and if David Rosmiller is correct that State Farm was surprised its recent Katrina verdict (Broussard v. [read post]
18 Mar 2008, 4:48 am
In other words, they can throw the entire issue back to the District of Columbia (which is not a State of the United States) or to the States. [read post]
3 Oct 2007, 9:59 am
The case that the Court agreed on Sept. 25 to hear is Baze v. [read post]
2 May 2011, 10:49 am by Eugene Volokh
The Proposed Second Amended Complaint, therefore, does not allege sufficient facts to state a Second Amendment claim capable of surviving a motion to dismiss. [read post]
18 Jun 2009, 1:46 am
[IPKat comment: 2 huge problems with this - (1) all these factors go towards showing that there's a link between the marks, but they don't really show that the link has 'rubbed off' on the later mark to give its owner an unfair advantage; (2) these are the factors that were used in relation to detriment to distinctive character, but the court has just said that these are two different types of harm; (3) the ECJ in Intel v CPM said such factors are insufficient for… [read post]