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29 Jul 2017, 9:56 am
Under the American Rule, prevailing parties generally cannot recover attorneys' fees without a statutory or contractual basis. [read post]
28 Jul 2017, 8:03 am
But first, it concedes two points: (1) Texas law requires one to exercise its lien or power of sale within four years after an action accrues; and (2) generally, when a note or deed of trust contains an optional acceleration clause, the action accrues when the holder actually exercises its option to accelerate. [read post]
25 Jul 2017, 9:30 pm
There is nothing wrong with this variation in state law, provided it is the product of each state’s earnest application of general contract principles. [read post]
25 Jul 2017, 2:27 pm
That may well be “commercial speech” — speech promoting one’s own products or services to potential customers — and thus less constitutionally protected; the restrictions were upheld on those grounds by federal trial courts in Briggs & Stratton Corp. v. [read post]
24 Jul 2017, 10:42 am
Conduct or a product cannot be a legal cause of harm unless that cause alone, or acting in concert with other causes, was enough to result in the injury. [read post]
24 Jul 2017, 8:13 am
Kia Motors America Corp. v. [read post]
24 Jul 2017, 3:21 am
The TTAB affirmed a Section 2(e)(5) refusal to register the product configuration shown below, for "Wind turbines; Windpowered electricity generators," finding the design to be functional because "it is essential to the use or purpose of the product. [read post]
21 Jul 2017, 12:05 pm
See generally GPNE Corp. v. [read post]
20 Jul 2017, 9:30 pm
Army Corps of Engineers and the U.S. [read post]
20 Jul 2017, 6:40 am
See, e.g., RCI TM Corp. v. [read post]
19 Jul 2017, 6:59 pm
Murphy Oil USA, Epic Systems Corp. v. [read post]
18 Jul 2017, 3:32 pm
ANNE MILGRAM, Attorney General of the State of New Jersey, Live Gold Operations, Inc., Appellant, 650 F.3d 223; 99 U.S.P.Q.2D 1180 (CA3 2011), which was an en banc decision [Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, ALDISERT and ROTH, Circuit Judges. [read post]
15 Jul 2017, 7:47 am
In general, claimants in product liability lawsuits need to show: Plaintiff suffered actual injury/ loss as a result of using manufacturer/ defendant’s product; Defect or failure to warn; Plaintiff’s injury was proximately caused by the injury; Product was used as intended. [read post]
15 Jul 2017, 6:16 am
I note that what reeks of fraud in publicly traded companies generally holds true for private companies as well. [read post]
11 Jul 2017, 8:33 am
The outcome was remand:Appellant Genband US LLC sued Metaswitch Networks Corp. and Metaswitch Networks Ltd. [read post]
11 Jul 2017, 3:03 am
In re Ironclad Performance Wear Corp., Serial No. 86737035 (July 6, 2017) [not precedential] (Opinion by Judge Thomas W. [read post]
5 Jul 2017, 7:35 am
GPNE Corp. [read post]
3 Jul 2017, 9:34 am
The administration is generally working hard to please these interest groups by gutting government programs to protect public health and the environment. [read post]
3 Jul 2017, 6:15 am
Quoting directly from World-Wide Volkswagen Corp. v. [read post]
2 Jul 2017, 4:03 pm
Media Law in Other Jurisdictions Australia In an interview on ABC radio John Menadue, a former head of the Department of Prime Minister and Cabinet, has called News Corp a “rogue organisation. [read post]
