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Justices debate right to renew lawsuit after voluntary dismissal

SCOTUSBlog

The main substantive debate in which the justices engaged was whether the voluntary dismissal of the original case was the kind of final proceeding to which Rule 60(b) would apply. McGills brief argued that a jurisdictional problem (based on the courts decision in Badgerow v.

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Dog toy poking fun at Jack Daniel’s leads to dispute over parody exception to trademark protections

SCOTUSBlog

The main difference is that instead of describing “Old No. On dilution (under the federal Trademark Dilution Revision Act), the court held that VIP was protected by an exception for “noncommercial” uses. Jack Daniel’s offers a similar argument on the dilution statute. 2 on your Tennessee carpet.”

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Justices rule lower courts must put trial proceedings on hold during arbitration appeal

SCOTUSBlog

The case turns on a 1988 amendment to the Federal Arbitration Act, which added the current Section 16(a) to that statute. Kavanaugh reasoned that when “the question on appeal is whether the case belongs in arbitration or instead in the district court, the entire case is essentially ‘involved in the appeal.’”

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SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers

Constitutional Law Reporter

All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The Court next turned to Flowers argument that the §1 exemption would sweep too broadly without an implied transportation-industry requirement. Does a pizza delivery company derive its revenue mainly from pizza or delivery?

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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

7] Choice of venue rules are used to determine which judicial division within a State (in the case of the State High Court) or judicial division within the Nigerian Federation (in the case of the Federal High Court) has jurisdiction. Choice of venue rules are mainly utilised for geographical and administrative convenience. 1776) 535.

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Would I FIE to You? FDA’s First Interchangeable Exclusivity Determination Results in Expiration

FDA Law Blog

With the ambiguity of the statutory text, FDA looked at the plain language, context, and the structure and purpose of the statute—including both parties’ positions on those points. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation. This all sounds complicated, I know.

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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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