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Legal Opinions - U.S. District Court, Maryland: October 20, 2008: U.S. DISTRICT COURT, MARYLAND Contracts Scope of agency relationship BOTTOM LINE: The employment of an agent for purposes of issuing title insurance does not, by itself, establish an agency relationship for purposes of settlement and closing activities undertaken by the title agent. ...; Tags: agency, agent, Cir, construction, formulation, MARKETING, specification, U.S. District Court, Wyeth; Research articles 2008-10-20
U.S. District Court, Maryland, Case Summaries: July 7, 2008: U.S. District Court, Maryland Civil Procedure Supplemental jurisdiction BOTTOM LINE: District court granted plaintiffs' motion to dismiss defendant's counterclaims based on lack of supplemental jurisdiction where defendant's counterclaims were permissive. CASE: Williams, et al. v. Long, No. 07-3459 (filed June 11, 2008)...; Tags: Cir, counterclaim, Litigation, officer, U.S. District Court, Williams; Research articles 2008-07-07
Legal Opinions - U.S. District Court, Maryland: U.S. District Court, Maryland Civil Procedure Supplemental jurisdiction BOTTOM LINE: District court granted plaintiffs' motion to dismiss defendant's counterclaims based on lack of supplemental jurisdiction where defendant's counterclaims were permissive. CASE: Williams, et al. v. Long, No. 07-3459 (filed June 11, 2008)...; Tags: Cir, counterclaim, Litigation, officer, U.S. District Court, Williams; Research articles 2008-07-07
Supreme Court ruling on the Fair Credit Reporting Act and auto insurers' use of insurance scores to set premiums.: ON June 4, 2007, the United States Supreme Court resolved several questions of first impression presented in consolidated cases about how the "adverse action" notification provisions in the federal Fair Credit Reporting Act FCRA (2) apply to personal lines insurance underwriting. In Safeco Insurance Co. v....; Tags: Allen, Cir, Co., FINANCE, FTC, GEICO, Government, Insurance, Reynolds; Research articles 2008-04-01
Code to Code: The Limitations of Lien-enforcement Remedies and Proceeds under the Communications Act Recently, the Ninth Circuit Court of Appeals in In re Magnacom Wireless LLC1 held that once the Federal Communications Commission FCC cancels a license for the use of radio spectrum, the debtor's underlying interests in the license...; Tags: bankruptcy, cancellation, Cir, debtor, FCC, Government, spectrum; Research articles 2008-04-01

The Butterbaugh fallacy: I. INTRODUCTION II. BACKGROUND III. THE USERRA ISSUE A. A Butterbaugh Appellant's Prima Facie USERRA Burden 1. The First Essential USERRA Question: Were Employee ...; Tags: absence, Absence, agency, benefit, board, Cir, Government, leave, MARKETING, Sec, statute; Research articles 2008-03-22
Should the Eighth Circuit recognize procedural misjoinder?: I. INTRODUCTION In the Eighth Circuit and elsewhere, traditional fraudulent joinder occurs when a plaintiff sues a diverse defendant in state court and joins a nondiverse defendant even though the plaintiff has no reasonable basis for a claim against the nondiverse defendant. (1) For example, consider a situation in...; Tags: Cir, Co., Insurance, Litigation, Miller, statute, U.S. Congress; Research articles 2008-03-22
Legal Opinions - U.S. District Court, Maryland: January 28, 2008: Commercial Law Fair Credit Reporting Act BOTTOM LINE: Credit card company's mailer offering auto financing constituted firm offer of credit under FCRA. CASE: Farrow v. Capital One Auto Finance, Inc., Civil No. CCB-06- 2324 (decided Nov. 9, 2007; posted Jan. 11, 2008) (Judge...; Tags: Capital One Financial Corp., Cir, Government, Houston, MARKETING, Nelson, Sullivan, supplier, Transportation, U.S. District Court; Research articles 2008-01-28
Federal Employment Discrimination-Jones v. R.R. Donnelley & Sons Co.: The Inadequacy of the Federal "Catchall" Statute of Limitations: I. INTRODUCTION .......................................................................232 II. THE HISTORY OF § 1981 ...................................................233 III. DETERMINING THE APPROPRIATE LIMITATIONS PERIOD FOR § 1981 CLAIMS BEFORE CONGRESS ENACTED THE FOUR-YEAR CATCHALL STATUTE OF LIMITATIONS ...239 IV. THE FEDERAL CATCHALL STATUTE OF LIMITATIONS & ITS PURPOSES....................................................................243 V. THE CONTEXT AND HOLDING OF JONES V. R.R. DON; Tags: Cir, Harassment, Johnson, Jones, Litigation, Nelson, Patterson, Siegel, Stat, statute, STATUTE, U.S., U.S. Congress; Research articles 2008-01-01
Losing the war on attorney-client privilege: viewing the selective waiver quagmire through the Tenth Circuit's In Re Qwest Communications International.: THE attorney-client privilege, which belongs to the client, not to the lawyer, enables individual and corporate clients to communicate with their lawyer in confidence. (1) It is the "bedrock of the client's rights to effective counsel and confidentiality in seeking legal advice." (2) Attorney-client privilege "plays...; Tags: attorney, Cir, Government, MARKETING, Mitchell, Qwest Communications Inc., SEC, SOFTWARE, Thompson, U.S., U.S. Department of Justice, waiver; Research articles 2008-01-01
Is the preemption defense for PMA-approved medical devices in jeopardy? (premarket approval): MOST jurisdictions have held that [section] 360ka of the Medical Device Amendments preempts conflicting state common-law claims arising from the design, manufacture, and labeling of a medical device that received pre-market approval. (1) However, the preemption defense may be in further jeopardy. Pending before the United...; Tags: Cir, FDA, Government, HEALTHCARE, manufacturer, Medtronic Inc., Petition, Substitution, U.S., U.S. Congress; Research articles 2008-01-01
Enforcing the treaty rights of aliens.: Despite the Supremacy Clause's declaration that treaties are the "Law of the Land," efforts to incorporate treaties that guarantee individual rights into domestic law have been stymied by a wave of political opposition. Critics argue that giving these treaties the force of domestic law would be inconsistent with constitutional values...; Tags: alien, Bradley, Bush, Carter, Cir, Ferguson, Government, president, Pub, SOFTWARE, Stat, treaty, U.S., U.S. Congress; Research articles 2008-01-01
Profits as commercial success.: Courts often use the extent of a patented invention's commercial success as crucial nontechnical proof of the patent's validity. Relying on misguided economic reasoning, most courts use revenue as the primary yardstick for commercial success. This Note argues that courts instead should use profits as the proper measure of an...; Tags: accounting, Cir, Co., ECON, Federal Reserve Board, incentive, INNOVATION, nexus, patent, Patent, PTO, revenue, Richard, theory; Research articles 2008-01-01
A dark and stormy night: the mystery of the missing science in fingerprint identification.: IN MAY of 2004, the FBI issued an unprecedented apology to Brandon Mayfield, the Portland, Oregon lawyer who was tied to the Madrid train bombings via an erroneous fingerprint identification. (1) The print in question had been positively identified as Mayfield's by three highly qualified FBI...; Tags: analysis, Cir, Cole, FBI, fingerprint, Madrid, Mitchell, Patterson, Simon, technique, U.S., U.S. Department of Justice; Research articles 2008-01-01
The domestic legal status of customary international law in the United States: lessons from the federal courts' experience with general maritime law: Table of Contents I. Introduction II. The Domestic Legal Status of Customary International Law A. Customary International Law B. The CIL Debate C. Federal Common Law D. Isolating the Important Questions ...; Tags: Bradley, Cir, CO., Government, Marshall, Restatement, SOFTWARE, statute, U.S., U.S. Congress; Research articles 2008-01-01
"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption: What is enough to suggest a congressional intent to defer the maturing of a federal cause of action is not enough to suggest a congressional intent to override state law. We have repeatedly said that federal law pre-empts state law in traditional fields of state regulation only when "that was...; Tags: agency, Cir, Co., Commissioner, Federal Reserve Board, Government, MARKETING, statute, U.S., U.S. Congress; Research articles 2008-01-01
Legal Opinions - U.S. 4th Circuit Court of Appeals: December 31,: Labor & Employment Denial of long-term disability benefits BOTTOM LINE: Failure of benefits administrator to consider all medical ailments in denying claim for long-term disability benefits denied applicant of a full and fair review and decision to deny benefits was not based on substantial evidence. ...; Tags: administrator, Benefits, Cir, ERISA, U.S. Circuit Court; Research articles 2007-12-31
Ensuring CICA stay overrides are reasonable, supportable, and less vulnerable to attack: practical recommendations in light of recent COFC cases: I. INTRODUCTION II. THE CICA STAY: PURPOSE AND STANDARDS III. THE CICA STAY AND THE FAR IV. AIR FORCE MANDATORY PROCEDURES FOR HCA OVERRIDES V. JUDICIAL REVIEW OF AGENCY OVERRIDES VI. ANALYSIS: KEYS TO ENSURING OVERRIDES ARE REASONABLE, ...; Tags: agency, Air Force, attack, Cir, Federal Reserve Board, Government Accountability Office, LLC, MARKETING, procurement, protest, U.S., Williams; Research articles 2007-12-22
Legal Opinions - U.S. 4th Circuit Court of Appeals: December 17,: Criminal Procedure Custody BOTTOM LINE: District court erred in suppressing statements of defendant who, upon being transported to hospital for treatment of a gunshot wound, initiated contact with officers and freely responded to their questions, thereby implicating himself in a crime. CASE: United...; Tags: Cir, commission, FINANCE, Government, hospital, officer, SOFTWARE, Taxes, U.S., U.S. Circuit Court; Research articles 2007-12-17
U.S. 4th Circuit Court of Appeals Case Summaries: November 5, 2007: Evidence Admissibility of prior indictment BOTTOM LINE: Although the court gave unsound reasons for admitting the Indictment evidence, such evidence was otherwise admissible under FRE 403 because it was more probative than prejudicial. CASE: Federal Deposit Ins. Corp. v. Bakkebo, US4th No. 05-2175...; Tags: aircraft, Cir, FDIC, Manufacturing, Raytheon Co., U.S. Circuit Court, U.S. Congress, U.S. Patent and Trademark Office; Research articles 2007-11-05