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4 Nov 2008, 10:07 am
The Court concludes therefore that there is insufficient evidence to show general causation.Federal and State Courts have consistently determined that the cause or causes of MCS (IEI) cannot be reliably established by scientific proof (see, e.g., Oppenheimer v United Charities of NY, 266 AD2d 116, 698 NYS2d 144 [1st Dept 1999]; Frank v State of New York, 972 F Supp 130 [ND NY 1997]). [read post]
31 Oct 2008, 1:33 pm
While several tests were analyzed, one test of particular note (the "useful, concrete, and tangible result" test associated with methods of doing business in State Street Bank & Trust Co. v. [read post]
17 Oct 2008, 9:36 am
Such familiar episodes in the historiography of the early Republic as the refusal of the circuit courts to hear pension claims, the Court's refusal to issue advisory opinions, the paradoxical willingness of Chief Justice Jay to accept a position as ambassador to Great Britain, and the Court's complex response in Marbury v. [read post]
10 Oct 2008, 7:44 am
The case is People v. [read post]
6 Oct 2008, 4:11 pm
By Jay Gordon TaylorIn an artful job of issue dodging and a narrowly focused reading of the Patent Act, the Court of Appeals for the Federal Circuit (CAFC) has dodged the key issue in Aristocrat Technologies Australia PTY Ldt. v. [read post]
4 Oct 2008, 9:12 pm
Finally, the Board affirmed the judge's procedural rulings relative to the admission of documents offered to prove an alleged Johnnie's Poultry, 146 NLRB 770 (1964), enf. denied on other grounds, NLRB v. [read post]
15 Sep 2008, 10:09 pm
Do people actually know their state has decriminalized marijuana? [read post]
9 Sep 2008, 9:11 am
Robert Phillips, No. 96,754 (Sedgwick)State v. [read post]
7 Sep 2008, 7:31 am
John Jay, a former New York governor and the first chief justice of the United States Supreme Court, is captured in many pictures wearing a scarlet and black robe with silver trim. [read post]
30 Aug 2008, 11:57 pm
For the purpose of marketing, the USDA Agricultural Marketing Service issued a voluntary standard for grass (forage) fed marketing claims last year that states: “grass fed standard states that grass and/or forage shall be the feed source consumed for the lifetime of the ruminant animal, with the exception of milk consumed prior to weaning. [read post]
25 Aug 2008, 1:00 pm
And to add a little humor factor, Lowering the Bar discusses Knights Templar v. [read post]
22 Aug 2008, 7:47 pm
Our friend Jay Fleischman of the New York Consumer Litigation Blog points out something that is rarely discussed in collection suits over credit card debt - which state statute of limitation law applies when a credit card company (or debt buyer) sues you? [read post]
20 Aug 2008, 3:11 am
Further, the statute does not exceed Congress's power under the commerce clause, the court held (United States v. [read post]