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17 Dec 2021, 7:23 am by Second Circuit Civil Rights Blog
Before 1986, “most physicians, hospitals and other health care facilities [did] not permit a patient to inspect or obtain copies of records” because these records were “treated as the exclusive property of the provider” (Assembly Introducer's Mem in Support, Bill Jacket, L 1986, ch 497 at 12). [read post]
27 Nov 2021, 6:26 am by Joel R. Brandes
 Generally, a process server’s affidavit of service establishes a prime facie case as to the method of service and, therefore, gives rise to a presumption of proper serviceIn Matter of Reyes v Munoz, --- N.Y.S.3d ----, 2021 WL 5226157 (Mem), 2021 N.Y. [read post]
4 Nov 2021, 9:00 pm
Although federal law offers, at best, unpaid time off work to care for family mem-bers with medical needs, recently enacted state laws guarantee paid leave. [read post]
12 Oct 2021, 11:09 pm by Eugene Volokh
.'s Mem. at 17 (citing Illinois and California COVID-19 regulations that include religious exemption language); see also Roman Catholic Diocese  of Brooklyn (finding tailoring requirement unsatisfied where, inter alia, the challenged restriction was "much tighter than those adopted by many other jurisdictions hard-hit by the pandemic"). [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
  On 2 September 2021, Judge Leonie M Brinkema in the United States District Court for the Eastern District of Virginia (‘EDVA’) rejected Dr Stephen Thaler’s appeal against the USPTO’s decision to refuse two patent applications on the basis that DABUS is not a human being and therefore cannot be an inventor under US law (Stephen Thaler v Andrew Hirshfeld and the US Patent and Trademark Office, Mem. [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
In the first article in this series I looked at the US approach to the role of the inventor in patent law and practice, and at the recent decision of Judge Leonie M Brinkema in the United States District Court for the Eastern District of Virginia (‘EDVA’) upholding the USPTO’s decision to refuse two patent applications on the basis that the ‘AI’ machine DABUS is not a human being and therefore cannot be an inventor under US law (Stephen Thaler v Andrew Hirshfeld and the… [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
In the first article in this series I looked at the US approach to the role of the inventor in patent law and practice, and at the recent decision of Judge Leonie M Brinkema in the United States District Court for the Eastern District of Virginia (‘EDVA’) upholding the USPTO’s decision to refuse two patent applications on the basis that the ‘AI’ machine DABUS is not a human being and therefore cannot be an inventor under US law (Stephen Thaler v Andrew Hirshfeld and the… [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
  On 2 September 2021, Judge Leonie M Brinkema in the United States District Court for the Eastern District of Virginia (‘EDVA’) rejected Dr Stephen Thaler’s appeal against the USPTO’s decision to refuse two patent applications on the basis that DABUS is not a human being and therefore cannot be an inventor under US law (Stephen Thaler v Andrew Hirshfeld and the US Patent and Trademark Office, Mem. [read post]
22 Sep 2021, 9:27 am by Joel R. Brandes
 September 16, 2021  Appellate Division, First Department Disposition of prior petition to terminate mother parental rights which was favorable to the biological mother, did not preclude the findings of extraordinary circumstances in later kinship guardianship proceeding. [read post]
16 Sep 2021, 1:34 pm
By Haiyun Damon-Feng* One of the cruelest and most devastating Trump-era immigration policies was the Remain in Mexico policy, formally titled the “Migrant Protection Protocols” (MPP).[1] MPP upended decades of established asylum law and practice, forcing asylum seekers to wait in Mexico pursuant to a bilateral agreement between the U.S. and Mexico—where many were kidnapped, raped, tortured, or otherwise exploited or killed for their vulnerability as migrants—while they… [read post]
18 Jul 2021, 7:37 am by Andrew Delaney
By A different kind of courtingAndy Delaney Here we go again. [read post]
14 Jul 2021, 8:09 pm by Lawrence B. Ebert
Div. 1971) (mem.), which recognized that where a person communicates a novel idea to another with the intention that the latter may use the idea and compensate him for such use, the other party is liable for such use and must pay compensation if he actually appropriates the idea and employs it in connection with his own activities. [read post]