Tag Archives: Provide

The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation

Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. Feb. 6, 2019). This is getting old, tired and fundamentally ridiculous. The statute, which … Continue reading

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Business Owners Must Provide Adequate Security

In Pennsylvania, premises liability principles give injured plaintiffs the right to bring a lawsuit against a property owner for failing to correct non-obvious dangerous conditions of the property (i.e., property hazards, such as broken stairs).  For example, if you trip … Continue reading

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California Court of Appeal Holds That An Employee’s “Imprecise Evidence” Can Provide a Basis for Damages When an Employer Does Not Keep Accurate Records of Hours Worked – But That an Employer is Not Liable for Missed Meal Periods of Which It Was Unaware Continue Reading…

On December 12, 2018, in Furry v. East Bay Publishing, LLC, the California Court of Appeal held that if an employer fails to keep accurate records of an employee’s work hours, even “imprecise evidence” by the employee “can provide a sufficient … Continue reading

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Company cannot wield its failure to provide notice as sword against stockholders

By Anne Sherry, J.D.The Delaware Court of Chancery ruled that while an action to determine board composition under Section 225 is narrow in scope, the court may consider allegations of inequitable conduct to the extent germane. The dispute, between a … Continue reading

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Illinois Court of Appeals implores Legislature to change law to provide for wage-garnishment relief, finding itself constrained to exercise discretion in extreme hardship cases

 National Collegiate Student Loan Trust 2004-1 v. Ogunbibi, No. 1-17-08612018 IL App (1st) 170861 (December 24, 2018)The legislature, in 2007, decided to take 15% of wages, regardless of the extreme hardship such a loss will impose on many persons. Because … Continue reading

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