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25 Apr 2015, 11:03 am by Schachtman
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
7 Feb 2007, 4:08 am
Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), which requires that district courts act as “gatekeepers” concerning the admissibility of evidence - does not apply at the class certification stage. [read post]
20 May 2019, 9:11 am by MOTP
PLS Financial Services, Inc., however, a federal district court and the Fifth Circuit reached the opposite conclusion in a proposed class action presenting the very same litigation waiver question under almost identical factual circumstances, 689 Fed.Appx. 800 (5th Cir. 2017) (per curiam).How should these cases be counted? [read post]
9 Oct 2018, 5:02 am by MOTP
Shamoun & Norman  The question of severability was not expressly raised in Cavanaugh’s petition for review, but the Contract contains a severance and savings clause which provides that the remainder the Contract shall remain unaffected if any part of it were be held illegal or unenforceable. [read post]
13 Mar 2009, 4:00 am
– Need for business and government to understand role of IP (IPEG)   Global - Trade Marks / Brands New record for international trade mark registrations in 2008 but signs of slowdown at year end and possible negative annual income (WIPO) (IP Frontline) (Intellectual Property Watch) (Law360) Coca-Cola is no longer the world’s most valuable brand (IAM) WTO session tackles details of future register of GI products (Intellectual Property Watch) Can a house mark or in-house… [read post]
13 Oct 2014, 9:01 am by Lyle Denniston
Since then, no generic company has gained approval by the Food and Drug Administration to market a generic version of the drug, although the FDA in August agreed to review a new application from one of the generic firms — Momenta Pharmaceuticals, Inc. [read post]
19 Sep 2011, 9:36 am by Schachtman
With the exception of a few evidence scholars, Federal Rule of Evidence 703 is ignored or misunderstood in practice. [read post]