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21 May 2014, 2:50 pm
On May 21, 2014 the Court of Appeals slightly modified its prior published opinion in the case of Teeter v. [read post]
21 Feb 2011, 12:04 pm
Link v. [read post]
22 Nov 2014, 4:09 pm
Nickell v. [read post]
15 May 2009, 4:21 am
In a rather significant development in the TTAB's fraud jurisprudence, the Board has re-designated as precedential its decision in Zanella Ltd. v. [read post]
8 Feb 2010, 7:36 pm
A very disappointing ruling by the Ninth Circuit late last week in a qui tam action under the False Claims Act against a researcher who received federal funding for some rather dubious brain cancer research on beagles.Not only was the outcome disappointing, what was (at least to me) the most disappointing was the fact that the opinion's author flatly called the decision "inequitable" yet - despite sitting on a court that is supposed to have discretion and do things like… [read post]
20 Jan 2011, 6:38 am
Desmond v. [read post]
4 Aug 2008, 9:27 am
Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274 “Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded. [read post]
5 Nov 2010, 3:34 am
Malone and others v British Airways plc [2010] EWCA Civ 1225; [2010] WLR (D) 280 “When considering whether a term in a collective agreement was incorporated into employees’ individual contracts of employment, regard would be had, inter alia, to: (i) whether the provision impacted upon the working conditions of the employees; (ii) whether the provision was in truth a collective matter rather than a personal one; and (iii) what the parties had intended the provision to… [read post]
11 Jun 2007, 2:35 am
Extent of without-prejudice privilege before dispute Barnetson v. [read post]
31 Mar 2008, 1:07 am
Regina (Griffin) v Richmond Magistrates Court Queen’s Bench Divisional Court “A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud bore a legal burden rather than an evidential one; that burden was not incompatible with the right to a fair trial. [read post]
22 Jul 2008, 8:26 am
R (Lewis) v Redcar and Cleveland Borough Council; [2008] WLR (D) 246 “Where, in relation to a question whether user of land had been user as of right, the issue of deference arose as between a landowner and other people making use of the land, the question was how the position would have appeared to the landowner, rather than to the other users, and what would matter to the landowner would be the fact of deference, not the reasons for it. [read post]
3 Feb 2012, 3:00 am
In Dandong v. [read post]
26 Mar 2015, 9:59 pm
Sandoz may be relevant in cases that are the exception rather than the rule. [read post]
23 Jun 2015, 9:59 pm
Hulu LLC or DDR Holdings, LLC v. [read post]
11 Feb 2016, 2:00 am
This time authored by our good friend, Dan Brooks, counsel for Patrick Cariou in the infamous Cariou v. [read post]
27 Mar 2017, 1:02 pm
” (Ornelas v. [read post]
2 Jul 2013, 4:54 pm
On May 13, 2013, the Supreme Court announced its decision in Bowman v. [read post]
23 Jun 2011, 1:00 am
There are some old and rather out of date posts on this blog about bankruptcy and ancillary relief. [read post]
18 Mar 2012, 10:14 am
V. [read post]
23 Mar 2012, 3:43 am
Regina (FDA and others) v Secretary of State for Work and Pensions and another: [2012] EWCA Civ 332; [2012] WLR (D) 95 “The Secretary of State for Work and Pensions was entitled to use the Consumer Price Index, rather than the Retail Price Index, as the measure of consumer price inflation for the purpose of annually uprating public service pensions under section 150 of the Social Security Administration Act 1992.” WLR Daily, 20th March 2012… [read post]
