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11 Mar 2010, 4:14 am by Beck, et al.
A longtime correspontent (who wishes to remain nameless - but we thank you anyway) sent along overnight a new medical device preemption win, Wheeler v. [read post]
26 Nov 2006, 2:43 pm
They contend that conclusory allegations cannot simply be ignored, as suggested by petitioners and the United States, because the distinction between factual allegations and conclusions of the pleader was previously rejected by the Court in United States v. [read post]
5 May 2024, 9:44 am by Eric Goldman
Instead, the Supreme Court gave us only the barest-bones outline of a legal test that answers virtually no question that matters, so the lower courts will reach heterogeneous results and the issue will inevitably make its way back to the Supreme Court again. [read post]
15 Oct 2021, 6:30 am by ernst
Finally, the notion that federal law controlled infringement of registered trademarks but state law controlled unfair competition arose in the 1940s in the wake of the Supreme Court’s decision in Erie Railroad v. [read post]
1 May 2013, 7:29 am by Sheldon Toplitt
(Photo credit: Wikipedia)The alleged altering and commercial exploitation of a nine-year-old photo of a then-teen with Down Syndrome that went viral on the Internet prompted the 26-year-old man and his parents last week to file an $18 million suit in the United States District Court for the Middle District of Tennessee, according to reports by the Associated Press and the NashvilleCityPaper.com Web site.Holland et al. v. [read post]