At the Real Matter Café...

... you can write like Jack Kerouac... or anyone else. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Jack Kerouac, Ann Althouse

Risk of Encouraging Infringement while Awaiting Appeal

TecSec, Inc. v. Adobe Inc.  (Fed. Cir. 2020) The simple setup in this case: 2011: Following claim construction, TecSec stipulated that use of Adobe’s product does not infringe the asserted patents. 2013: Claim construction is reversed on appeal, and the infringement case started-up again. The question on appeal: During the 2011-2013 timeline — is it legally possible for Adobe to induce infringement? In other words, could Adobe have the have the requisite intent necessary to induce infringemen...
Tags: Adobe, Law, Court, Patent, Federal Circuit, TecSec Inc, Adobe Inc Fed, TecSec

Hundreds of Trump rallygoers were stranded in the cold because there reportedly weren't enough buses to transport them back to their cars

Bundled-up rallygoers at a Trump campaign event on October 27, 2020 in Omaha, Nebraska. Steve Pope/Getty Images Hundreds of supporters at a rally for President Donald Trump Tuesday night were reportedly stranded in the cold in Omaha, Nebraska, due to insufficient buses to transport them from the airfield where the event was held to the parking lots where their cars were. The temperature in Omaha was in the mid-30s the night of the rally. Medics transported at least seven people to the hosp...
Tags: Politics, Law, Trends, Cnn, Nebraska, Omaha, Donald Trump, Trump, Omaha Nebraska, Eppley Airfield, Omaha World Herald, Trump Rallies, 2020 Elections, World Herald, Jeff Zeleny, Trump 2020

At the Sunrise Café...

... you can write about whatever you want. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Sunrise, Lake Mendota, Ann Althouse

The final countdown: Election litigation breakdown with Edward Foley

Are we headed for another Bush v. Gore? What would that case even look like in 2020? What is happening with all of the coronavirus-related litigation coming up to the Supreme Court right now? With less than a week to go before the 2020 election, SCOTUStalk host Amy Howe talks to election law expert and Ohio State University constitutional law professor Edward Foley about these questions and more. To follow all the latest developments on important election disputes that may reach (or have already...
Tags: Featured, Supreme Court, Law, Gore, Bush, Ohio State University, Amy Howe, Edward Foley, SCOTUStalk, Election litigation, Acast Post

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Warner v Calgary Regional Health Authority (Rockyview General Hospital), 2020 ABQB 172 (CanLII) [38] An independent intervening event is an event unrelated to the tort, such as a disease or a non-tortious accident, that occurs after the plaintiff suffers injuries from the tort: Athey at ...
Tags: Law, Canada, Warner, Costco, Mitchell, Parsons, Robertson, R, Jobling, Wednesday: What's Hot on CanLII, Athey, Penner, Costco Wholesale Canada Ltd, Associated Dairies Ltd, Penner Check, Alberta Rules of Court Alberta

Court won’t block extended deadline for North Carolina mail-in ballots

The Supreme Court on Wednesday night rejected a request by the Trump campaign and North Carolina Republicans to intervene in a dispute over the deadline for mail-in ballots in North Carolina. With three justices dissenting, the court left in place an extension of the deadline for the receipt of mail-in ballots to nine days after the election. Just as she had in a ruling a few hours earlier on a similar issue in Pennsylvania, Justice Amy Coney Barrett did not participate in the court’s decision. ...
Tags: New York, Featured, Supreme Court, Law, Court, Pennsylvania, House Of Representatives, Wisconsin, Republican, North Carolina, Donald Trump, Trump, Rnc, Howe, Barrett, Wilkinson

Case preview: Court will tackle dispute involving religious foster-care agency, LGBTQ rights

This article is the first entry in a symposium previewing Fulton v. City of Philadelphia. In the past five years, the Supreme Court has ruled that the Constitution guarantees a right to same-sex marriage and that federal employment discrimination laws protect LGBTQ employees. On Nov. 4, the justices will hear oral argument in a clash between religious freedom and laws and policies that protect LGBTQ rights. The court’s decision in Fulton v. City of Philadelphia could have a significant impact fo...
Tags: Featured, Supreme Court, Law, Colorado, Kentucky, Alabama, City, Css, Dhs, Catholic Church, Nebraska, Ohio, Philadelphia, Catholic, Lgbtq, Smith

Symposium: The precedential effects of shadow docket stays

This article is the final entry in a symposium on the Supreme Court’s shadow docket. The Honorable Trevor N. McFadden is a judge on the U.S. District Court for the District of Columbia. Vetan Kapoor (@VetanKapoor) is a former law clerk to Judge McFadden. The Supreme Court makes two types of decisions with far-reaching effects on American life. Readers of SCOTUSblog are quite familiar with the first type: a ruling on the merits of a case after a decision in a lower court, a cert petition grant, b...
Tags: Featured, Supreme Court, Law, Donald Trump, Trump, McFadden, Russo, 11th Circuit, 4th Circuit, IRAP, June Medical Services, U S Courts of Appeals, International Refugee Assistance Project, Symposium on the Supreme Court's "shadow docket, Barr v Lee, Trevor N McFadden

Thursday round-up

The Supreme Court made key decisions Wednesday in election disputes in two battleground states. The court declined to weigh in before the election on a Republican effort to eliminate a three-day extension of the absentee-ballot deadline in Pennsylvania, and the court also turned down a Republican effort to block a six-day extension of the absentee-ballot deadline in North Carolina. In the Pennsylvania case, Justice Samuel Alito wrote that the court could still decide the validity of late-arrivin...
Tags: Supreme Court, Law, Pennsylvania, Republican, North Carolina, Round-up, Ian Millhiser, Nina Totenberg, Alito, Samuel Alito, Gorsuch, Amy Coney Barrett, Jonathan Harkavy, Pennsylvania North Carolina, Boden Elizabeth Slattery, Chiraag Bains Slate The Supreme Court

First to File Rule and Transferring Venue

In re Nitro Fluids LLC (Fed. Cir. 2020) 2018 — Cameron sued Nitro in S.D. Tex (Houston) where both companies are located.  That case is still pending. 2020 — Cameron separately sued Nitro in W.D. Tex (Waco).  The new action accuses the same Nitro products but asserts different (albeit related) patents.  The patents asserted include overlapping patent-families and inventorship.  Cameron also separately sued “Butch’s Rathole & Anchor Service, Inc.” on the patents in W.D. Tex. Nitro asked the W.D...
Tags: Law, Cameron, Houston, Patent, Albright, Waco, Federal Circuit, Tex, Nitro, Interest of Justice, Wright Miller, Nitro Fluids LLC Fed, Tex Houston, Rathole Anchor Service Inc, Tex Nitro, Fed Prac Proc

Because I Haven’t Mentioned Mediation Lately. . .

Any regular reader of Construction Law Musings knows that I am both a great believer in mediation and a certified Virginia mediator.  After the last few weeks in which I participated in mediation by Zoom, a Judicial Settlement Conference (read, court-ordered mediation with a retired judge), and will be participating in another mediation in person next week, it seems as if others believe in the process as well. After all of this mediation activity, all of which related to construction project-rel...
Tags: Law, Virginia, Construction, Arbitration, Richmond VA, ADR, Mediation, Construction Law, Construction Mediation, Virginia Construction Attorney, Construction Mediator

Dispatch 32: Flat Screen Riots, The Virus -- the ECONOMY

Some quick, unedited thoughts. Much going on here so making this fast: You may have noticed the latest Flat Screen Riots in Philadelphia, New York, on the West Coast, and Here-and-There. Messages coming to me from media, "Are you in Philly yet?" No. I am a serious war correspondent and analyst, not an adrenaline photographer. My credentials do not hang on walls but in historical notes. Proven year-by-year with accurate assessments. Results of hard work and calling the ball no matter where ...
Tags: Hong Kong, Featured, China, India, America, Spain, Thailand, Military, Washington Dc, Normandy, University of Florida, West Coast, Philly, State, Fauci, Philadelphia New York

Texas Supreme Court rules in favor of Gov. Abbott's order limiting mail-in ballot drop box locations to one site for each county

Texas Supreme Court sides with Republican Gov. Greg Abbott on rule to limit mail-in ballot drop box locations to one site per county The Texas state Supreme Court has ruled to allow TX Governor Greg Abbott's order limiting counties to one ballot dropoff site per county to stand. — Read the rest
Tags: Post, Politics, Texas, News, Justice, Supreme Court, Law, Vote, US news, Election, Abbott, Greg Abbott, Election 2020, TX, Texas Supreme Court

The Myth of the Honest Negotiator

A lawyer has an obligation to be honourable and a duty of integrity. In a negotiation, a lawyer will not be completely honest. Both of these statements are true, but they seem contradictory. The Federation of Law Societies of Canada’s , does not expressly prohibit a lawyer from lying to another lawyer, but the Code does include provisions that promote integrity, honesty and honour. In this post, I attempt to defend the idea that an honourable lawyer can engage in a small range of permitted dece...
Tags: New York, Law, Toronto, Canada, Alberta, American Bar Association, Aba, Legal Ethics, Trump, Merriam Webster, Schneider, Fisher, James White, Machiavelli, Adler, McGraw Hill Education

The Geek in Review Ep. 93 – Stephen Embry – The Future of the Law Office Won’t Need Everyone to be in the Office

A couple of episodes ago, we had Richard Hsu discuss the need to eventually bring as many of our lawyers back to a physical office in order to have a successful working environment. Stephen Embry of   reached out to us after listening and wanted to argue that while he understood Richard’s argument that in order for there to be a level playing field for all lawyers in the firm, that there were actually ways to create a successful environment where lawyers could continue to wo...
Tags: Apple, Work From Home, Facebook, Europe, Podcast, Florida, Supreme Court, Microsoft, Law, California, Uncategorized, Beck, America, San Francisco, Chicago, Atlantic

Coronavirus Update 10-29-2020: The Dodgers might be World Series winners, but they’re COVID-19 losers

Tuesday night, the Los Angeles Dodgers won the World Series. In the 8th inning of their clinching game 6, the Dodgers pulled third baseman Justin Turner from the game. No one knew why at the time. It was only after the game that it was announced that the team pulled Turner because he had tested positive for COVID-19. Why then was Turned allowed to join his team on the field (maskless no less) to celebrate their victory?! When an employee tests positive, the first thing you absolutely must do is...
Tags: Law, Mlb, Ohio, Major League Baseball, Los Angeles Dodgers, Turner, Don, Dodgers, Justin Turner, Jon Hyman, Medakit Ltd

"... fails to snap..."/"... pandemic remains..."/"... obscures troubling slowdown...."

You are warned not to enjoy the big 33.1% growth spurt: Please keep your spirits dim. [Author: [email protected] (Ann Althouse)]
Tags: Headlines, Law, Economics, Ann Althouse, Emotional Politics, Coronavirus

Court will not weigh in on Pennsylvania’s mail-in ballot deadline before election

The Supreme Court on Wednesday afternoon rejected a request by Pennsylvania Republicans to fast-track their challenge to a ruling by the Pennsylvania Supreme Court that requires election officials to count mail-in ballots received within three days after Election Day. Republican legislators and the Pennsylvania Republican Party had asked the justices on Friday to expedite consideration of their petition and rule on the merits of the case before Election Day. Although the justices turned that bid...
Tags: Featured, Supreme Court, Law, Court, Pennsylvania, Gop, Pennsylvania Supreme Court, Howe, Alito, Barrett, Samuel Alito, Pennsylvania Republican Party, Cases in the Pipeline, Public Information Office, U S Constitution, Brett Kavanaugh

Coronavirus Update 10-28-2020: The 10th nominee for the “worst employer of 2020” is … the whistleblower whacker

SHRM, the Society for Human Resource Management, describes itself as "the foremost expert, convener, and thought leader on issues impacting today's evolving workplaces." Physician, heal thyself! According to a recent lawsuit filed against SHRM (as reported by The New Yorker), SHRM may have a huge whistleblower retaliation problem on its hands. Here are the key allegations, which SHRM denies: Bailey Yeager, a former director-level employee with a history of glowing performance reviews and p...
Tags: Law, Labor, Taylor, Scalia, Yeager, OSHA, SHRM, Johnny Taylor, Jon Hyman, Eugene Scalia, Society for Human Resource Management, Bailey Yeager

Dispatch 31: Street Battles Philadelphia -- prepare for November and beyond America may soon face images of a police force scattered. Routed. Overrun. Black Hawk Down. General uprising shatters illusion of control. Organization crumbles. Police abandon units. Gear. Stations. Towns. Jails. These cascades happen in a matter of hours. News agencies overrun. Social media re-doubles censorship. Militias swell. Food stores and distribution crumbles. Delivery trucks refuse to travel dangerous roads. ...
Tags: Featured, America, Military, Philadelphia, Michael's Dispatches, Michael Yon

Wednesday round-up

Judge Amy Coney Barrett officially became Justice Amy Coney Barrett on Tuesday, and she starts work at a pivotal time as the court prepares to hear high-profile cases this month and considers several urgent election disputes. As the Supreme Court grapples with emergency requests for relief (both in the election context and in other contexts), the court’s “shadow docket” is as important as it’s ever been. SCOTUSblog’s symposium on this opaque species of Supreme Court rulings continues — read all ...
Tags: Supreme Court, Law, Washington, New York Times, Wisconsin, Usa Today, Round-up, Thomas, Richard Wolf, Nina Totenberg, Barrett, Andrew Cohen, Richard Hasen, Ellen Gilmer, Amy Coney Barrett, NPR Kavanaugh

A quiz showing the inside view of various different refrigerators and asking whether it belongs to a Trump voter or a Biden voter.

This is one of the most interesting and creative features I've ever seen in the NYT, and it was a delightful break from the onslaught of material about the candidatea and the polls. How they set up the question: [W]e included images from people who said they planned to vote for president, planned to vote for either Mr. Trump or Mr. Biden, took the picture themselves, and gave permission to publish it. We omitted images from people who said that not all of the voters in the household supported th...
Tags: Food, Law, Chobani, United States, Nyt, Biden, Coke, Trump, Ann Althouse, Trump 2020

Blood In The Turnip

The Ohio Supreme Court has accepted an attorney's resignation. Justice Fischer dissented and expressed concerns about restitution According to statistics compiled after a review was conducted of cases over the past ten years in which this court has accepted resignations... [Author: Legal Profession Prof]
Tags: Law, Fischer, Ohio Supreme Court, Legal Profession Prof, Bar Discipline & Process

Taking A Closer Look At Pro Bono With PLI [Sponsored]

It’s Pro Bono Week – and with individuals and businesses across the nation facing unprecedented challenges due to the pandemic and economic downturn, this work feels more urgent than ever this year.
Tags: Law, Biglaw, Pli, Pro Bono, Sponsored Content, Continuing Legal Education / CLE, Practising Law Institute (PLI, PLI Custom

Nottinghamshire to ban alcohol sales after 9pm under tier 3 Covid rules

Beauty salons will also have to close under ‘tier 3 plus’ measures, council leader saysCoronavirus – latest updatesSee all our coronavirus coverageNottinghamshire will be placed under tier 3 coronavirus measures from Friday, it was confirmed on Wednesday night, with a series of extra rules including the UK’s first virus-related ban on off-licence alcohol sales after 9pm.West Yorkshire is set to follow suit within days – meaning more than 11 million people in England will soon be under the toughe...
Tags: Health, Politics, UK, England, Society, UK News, Health policy, Nottingham, Nottinghamshire, Coronavirus, 9pm West Yorkshire

"Since beginning online learning, she explained, Saige has been liberated from hearing negative tropes about Black girls in the lunchroom and hallways."

"For one, the eighth grader can control her exposure to racial microaggressions. When a classmate wore a 'Make America Great Again' hat — attire that some people see as a symbol of racism — during a video class session, Saige simply changed her settings to view only the teacher. 'Although the violence is still there, she has the ability to maneuver in a way that she didn’t have when she was in school,' Ms. Aryee-Price explained... [S]ome Black families value keeping their children at home... to...
Tags: Facebook, Law, Black, Racists, University Of Georgia, Microaggressions, Race And Education, Ann Althouse, Home-schooling, Saige, Post-coronavirus Culture, Ms Aryee Price, Cheryl Fields Smith, Aryee

No Hac Vice

An Illinois Hearing Committee proposes that an unusual request be denied Petitioner was licensed to practice law in New York in 2003 and thereafter moved to Illinois. Although he was never admitted to practice law in Illinois, Petitioner represented clients... [Author: Legal Profession Prof]
Tags: New York, Law, Illinois, Petitioner, Legal Profession Prof, Bar Discipline & Process, Illinois Hearing Committee, Illinois Petitioner

‘The Least Racist Person In The Room’

Our culture has long ignored some startling incidents relating to how Black people have been treated in our country -- and Trump is fueling incidents like these anew.
Tags: Law, Racism, Donald Trump, Trump, Toni Messina, Tulsa Massacre

Biglaw Firm May Never Go Back To One Of Its Offices Full Time Thanks To COVID Lockdown Rules

We suspect many more firms may soon come to the same realization.
Tags: Law, Biglaw, Eversheds Sutherland, COVID-19

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