The Second Circuit today sent the Ashcroft v. Iqbal decision (latest post here) back to the Southern District of New York, instructing Judge Gleeson to rule on whether to allow plaintiff Javaid Iqbal leave to amend his complaint. The opinion says:
PER CURIAM:
On May 18, 2008, the Supreme Court of
Per The Washington Post this morning, the Senate Judiciary Committee voted 13-6 to send the nomination of Judge Sonia Sotomayor to the floor of that august chamber for advice and consent by all 100 members. Majority Leader Harry Reid said he'll set a full Senate vote for next week.
In case this sort of thing
People who write patents walk a fine line. A broad claim increases the stuff that infringes, but it also raises the risk that the patent fails some test for validity. A Federal Circuit ruling today pointed up one of those invalidity rules.
A common way to claim broadly involves using "means-plus-function" language. The claim
Stephen Labaton lands on the front page of the Sunday NYT today with "Antitrust Chief Hits Resistance in Crackdown". He says tougher antitrust enforcement by the Department of Justice has ruffled feathers at "expert" agencies, regulate specific industries:
In some cases, though, the new approach is being opposed by administration officials. Some fear that the crackdown
The Third Circuit held yesterday that a district court ought not to have agreed to handle claims under the Americans with Disabilities Act on a Rule 23(b)(2) class basis. The court said each ADA plaintiff must show himself or herself "qualified" to do work that bias prevented the plaintiff from getting. That put ADA cases on a different footing from
Flag Telecom's stock price sank when its undersea cable business took a dive. The price dropped to the bottom. Verily, it slept with the fishes.
One group of stock buyers — let's call it Group A — overpays for a company's stock because the company – Flag Telecom – told a lie — which we'll name Lie A — that misled the market into
The Congressional Record reports that Senator Arlen Specter yesterday offered a bill. S. 1504, to wipe out the Twombly pleading standard (latest post here) and revert to the hoary test of Conley v. Gibson.
The working text of the bill — which goes under The Notice Pleading Restoration Act of 2009 — says:
Except
"TM", yes; "®", no.
Blawgletter's heart swells each time a court rules in line with what we think of as common sense. Today we almost popped a ventricle.
The Federal Circuit provided the cause. It held that the Trademark Trial and Appeal Board — a branch of the U.S. Patent and Trademark Office — did not err in
The WSJ reports today that the American Arbitration Association has joined the National Arbitration Forum in saying it no longer shall tinker with the machinery of debt . . . collection.
At least until "some standards or safeguards are established", says the article, quoting an AAA spokesperson. Right.
The item says nothing about the common
Blawgletter likes to read Adam Liptak's law-and-journalism Sidebar column. A lot. It offers insights you seldom find. Anywhere.
But yesterday's didn't take us anywhere near our happy place.
The item, "9/11 Case Could Bring Broad Shift on Civil Suits", refers to Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) (posts here and here), in