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7 May 2012, 12:06 pm by Rebecca Tushnet
  Bags, t-shirts, etc. are targets. [read post]
7 May 2012, 5:00 am by Bexis
Sharplan Lasers, Inc., 2004 WL 2341569, at *6 n.6 (Mass. [read post]
2 May 2012, 9:11 pm by Charles Bieneman
”  The contract here used the terms “buyer” and “seller,” and “[t]he object of the contract was the upgrade of tangible equipment. [read post]
1 May 2012, 12:58 pm by Law Lady
TREASURES ON THE BAY II CONDO ASS'N, INC., Appellee. 3rd District.Contracts -- Mortgages -- Action against lender for breach of contract, breach of implied covenant of good faith and fair dealing, and promissory estoppel, alleging lender failed to comply with its obligations under federal Home Affordable Modification Program by declining to issue mortgagor a permanent loan modification -- No implied private right of action exists under HAMP -- To extent claims fall outside scope of… [read post]
20 Apr 2012, 2:50 pm by Rebecca Tushnet
  At least in the case of product design, US courts have hesitated on the brink when asked to combine product design and post-sale confusion. [read post]
9 Apr 2012, 2:59 am
.'s Lean Finely Textured Beef isn't new, and neither is the nickname "pink slime. [read post]
19 Mar 2012, 8:32 am by Rebecca Tushnet
 Among other things, the court addressed Abbott’s arguments that the Ohio plaintiff couldn’t sue on behalf of a class because the Ohio Consumer Sales Practices Act has a notice requirement as a prerequisite for a class action, and the Ohio Deceptive Trade Practices Act gives standing only to competitors. [read post]
2 Mar 2012, 1:59 am
Most antibiotic sales (by volume) are for animal use in agriculture, between 70 - 80 percent (4).Organic rules ban the re-use of manures as animal feed.Last summer, when I was working with a "medium-sized" organic vegetable producer, the price of composted chicken litter (for organic fertilizer) had gone through the roof because of increased demand for pelleted chicken litter in cattle feeding. [read post]
13 Jan 2012, 8:47 am by Bexis
  “[I]n strict liability as in negligence, foreseeability alone is not sufficient to create an independent tort duty. [read post]
27 Sep 2011, 6:09 am by Rebecca Tushnet
" The packaging says “Dust-free air flow test performed on laboratory equipment. [read post]
24 Sep 2011, 3:58 am
The district court granted the Dealership's petition to compel arbitration pursuant to the mandatory arbitration provision in the sales contract that plaintiff signed when she bought the car and stayed the action against Porsche. [read post]
15 Sep 2011, 5:00 am by Bexis
 In the absence of any special FDA requirement, no separate “duty to train” doctors using prescription medical products has been recognized:[T]he fact that individuals who have received training on medical equipment subsequently misuse the equipment to the detriment of a patient, standing alone, is insufficient to establish a breach of a duty to the injured patient on the part of the entity that provided the training. [read post]
22 Aug 2011, 4:48 am by Marie Louise
Tax Law Assocs., LLC (Chicago IP Litigation Blog)   US Copyright – Lawsuits and strategic steps Can’t Stop Productions – Can’t Stop Productions asks LA court to deny Village People’s lyricist Victor W [read post]
22 Aug 2011, 4:48 am by Marie Louise
Tax Law Assocs., LLC (Chicago IP Litigation Blog)   US Copyright – Lawsuits and strategic steps Can’t Stop Productions – Can’t Stop Productions asks LA court to deny Village People’s lyricist Victor [read post]
11 Aug 2011, 1:09 pm by Bexis
  Obviously, Reese involved a car rather than a drug, but the considerations weren’t much different from those in Ramirez. [read post]
24 Jun 2011, 1:54 am by Marie Louise
Google (Tangible IP) Personal Audio – Things not to do three weeks before Trial #1: Don’t produce new documents: Personal Audio, LLC v. [read post]
10 Jun 2011, 12:05 pm
Thus, we are talking about a combination of impressions here, mine and her’n. [read post]
20 May 2011, 3:06 pm
" 549 U.S. 118, 132 n.11 (2007); see also ABB Inc. v. [read post]