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7 May 2010, 12:35 pm
 Relatedly, when “discovery” is written directly in a statute, the Supreme Court held that it should be interpreted to refer not only to actual discovery, but also to the hypothetical discovery of facts a reasonably diligent plaintiff would know. [read post]
6 May 2010, 11:07 am by Rebecca Tushnet
The representations were allegedly false because “Defendants have never donated a penny to the Fund,” and the Fund was damaged by this attempt to benefit from the goodwill associated with Princess Diana’s identity. [read post]
5 May 2010, 2:05 pm by Eric Schweibenz
No. 337-TA-686), granting in part Respondent Sidergas SpA’s (“Sidergas”) motion to compel Complainants The Lincoln Electric Company and Lincoln Global, Inc. [read post]
29 Apr 2010, 1:49 pm by Francis G.X. Pileggi
Farr Professor of Law at Brigham Young University Law School, discussed the Delaware Supreme Court decision in CA, Inc. v. [read post]
27 Apr 2010, 7:33 am by N. Peter Rasmussen
Merck suggested that this might be due to the absence of a benefit conferred by naproxen rather than a harm caused by Vioxx. [read post]
26 Apr 2010, 2:16 am by gmlevine
Although UDRP complaints are resolved solely on papers without benefit of discovery and with no right of confrontation it would be a mistake to discount credibility as a factor in determining parties’ rights to a disputed domain name. [read post]
The price for these transactions was based on a valuation of the company prepared by Chessiecap Securities Inc., which plaintiffs alleged defendants manipulated to deliver a misleadingly low price for their benefit by excluding positive developments which occurred after Chessiecap prepared its valuation. [read post]
20 Apr 2010, 2:51 am by Francis G.X. Pileggi
” Grunstein, Dwyer and Silva entered into a merger agreement with Beverly Enterprises Inc. and during the negotiations, Silva replaced the original acquiring entities with companies he controlled. [read post]
17 Apr 2010, 5:24 am by Andrew Frisch
NASCO, Inc., 111 S.Ct. 2123, 2133 (1991) (court may per inherent power assess attorneys fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive purposes); Roadway Express, Inc. v. [read post]
13 Apr 2010, 9:45 am by Daniel W. Whitney, Esquire
For example, in 2009, Pfizer Inc. reached a settlement with the federal government and states over allegations of health care fraud contained in nine qui tam cases. [read post]
12 Apr 2010, 10:30 am by P. Clarkson Collins Jr.
The Toll Brothers decision arose in the context of a motion to dismiss a shareholder derivative complaint brought for the benefit of Toll Brothers Inc. against eight of the eleven directors of the corporation. [read post]
28 Mar 2010, 9:40 pm by Sam E. Antar
In a special report released today by iBusiness Reporting ('http://www.ibizreporting.com') - a division of the Fraud Discovery Institute Inc., former Los Angeles Times journalist William Lobdell details stunning allegations made by about 20 original investors in what is now InterOil. [read post]
25 Mar 2010, 1:47 pm by Bexis
  Only if we've got a really powerful defense, like preemption in In re Medtronic, Inc. [read post]
24 Mar 2010, 11:33 am
GTE Sylvania, Inc., 447 U.S. 102, 108 (1980). [read post]