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2 Dec 2011, 6:42 am by Matt Osenga
  The issue in the case is whether a generic manufacturer that is sued for infringement by a brand-name manufacturer may file a counterclaim that the information on the patent listed with the FDA does not accurately and precisely claim the method of use claimed in the patent. [read post]
26 Apr 2010, 9:28 am
  As a result of the vague standards set out in the statute the courts have developed a test to determine whether a nonprofit hospital is entitled to tax exemption.[7]            The test was first articulated in Methodist Old Peoples Home v. [read post]
3 Jun 2020, 8:15 am by John Elwood
Texas, 18-9674Issue: Whether the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. [read post]
25 Sep 2015, 12:02 pm by Rebecca Tushnet
  (Ok, that wins for most misleading analogy, since the seizure of the domain names (bank account) is precisely done b/c the “bank” (registrant) is a wrongdoer.) [read post]
8 Jul 2011, 10:40 am by Administrator
  And, these statutes are precise and detailed, and we know that those who file liens are held to a very high standard. [read post]
17 Feb 2009, 12:44 pm
The court held:  Petitioner contends that the United States Supreme Court's decision in Kelo v City of New London (545 US 469 [2005]), which dealt with takings for purposes of economic development, requires a preexisting farmland preservation plan to justify the taking of its property as a public use within the meaning of the Fifth Amendment (see US Const Amend V ["nor shall private property be taken for public use,… [read post]
16 Dec 2009, 1:52 pm
 But I have a few problems with the use of this rationale here. [read post]
28 Jan 2018, 8:06 pm by Omar Ha-Redeye
The term “legal debate” is used here not to express a new standard or one departing from that previously outlined by this Court. [read post]
26 Feb 2015, 5:00 am
  The only proper theory was negligence:Since the strict liability rule of §402A is not applicable, the standard of care required is that set forth in §388 of the Restatement dealing with the liability of a supplier of a chattel known to be dangerous for its intended use. [read post]
28 Jun 2022, 10:04 am by Josh Blackman
["I write separately to emphasize the narrowness of the issue before us. [read post]