Tag Archives: Applies

Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing

In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features of the accused device and the device previously determined to be non-infringing such … Continue reading

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‘Context,’ Launching Today from LexisNexis, Applies Unique Analytics to Judges and Expert Witnesses

A legal analytics product being launched today by LexisNexis does something no other analytics product does: It analyzes the language of specific judges’ opinions to identify the cases and arguments each judge finds persuasive. The new product, Context, also provides … Continue reading

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State and subdivisions of state are subject to ADEA regardless of its number of employees in contrast to a private sector employer where the law applies only to "an industry affecting commerce" having twenty or more employees

State and subdivisions of state are subject to ADEA regardless of its number of employees in contrast to a private sector employer where the law applies only to "an industry affecting commerce" having twenty or more employeesMount Lemmon Fire District … Continue reading

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Collateral Source Rule Applies to Louisiana Workers’ Compensation Insurance Payments—or Does It?

In a personal injury case, the collateral-source rule bars a tortfeasor, a defendant, from reducing his liability by the amount the plaintiff recovers from independent sources. It is a substantive rule of law, as well as an evidentiary rule (disallowing … Continue reading

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Second District Applies CEQA’s “Subsequent Review” Rules to Uphold EIR Addendum for Revised Target Superstore Project Including “Spot-Zoning” Specific Plan Amendment Authorizing Use

In a lengthy published opinion filed August 23, 2018, the Second District Court of Appeal reversed the trial court’s judgment, and upheld the City of Los Angeles’ addendum to a prior project-level EIR for a Target Superstore as legally sufficient … Continue reading

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