PrisedeParoleInc. v. Gu rin diteur Lt e 1996 F.C.J. No. 1427 ref 104 FTR 104, 66 C.P.R. 3d 257, affd. 1996 206 N.R. 311 F.C.A. ref is a leading Canadian case on Moral rights copyright law moral rights in Canadian copyright law copyright law . The Court found that the plaintiff s moral rights had not been violated because there was no subjective evidence that the reproduction caused harm to his reputation. Opinion of the Court The Court noted that to establish an infringement under section 28.2, the claimant need only show that the work was distorted, mutilated, or otherwise modified to the prejudice of the author s honour or reputation and that actual prejudice to reputation or honour need not be proven. Following the decision of Snow v. The Eaton Centre Ltd. , the Court noted that prejudice must first be determined on a subjective standard based on the author s opinion. Second, it must also be determined on an objective standard that is based on public or expert opinion in order to establish that the author s opinion was reasonable. The evidence presented did not objectively show that there was any prejudice and there was no evidence of actual harm. The Court observed that Germain had not been ridiculed or mocked by his colleagues or the newspapers and he had not personally heard any complaints after the collection was published. ref p. 359 ref Despite there being no finding of prejudice, due to the conduct of the defendant, the Court awarded the plaintiff 10,000. References references External links http reports.fja.gc.ca fc 1996 fic v1 1996fca2025.html Federal Court summary deadlink http reports.fja.gc.ca eng 1995 1996fca2025.html 1996fca2025.html.html Federal Court Summary Canada law stub Category Canadian copyright case law Category 1996 in case law Category 1996 in Canada ... more details
Prisedeparole Take the word , in the sense of taking the opportunity to speak is a Canada Canadian book publishing company. Located in Greater Sudbury , Ontario , the company publishes Franco Ontarian literature. Writers published by the company have included Jean Marc Dalp , Gaston Tremblay , Fernand Ouellet , Daniel Poliquin , Patrice Desbiens , Charlie Angus in translation , Michel Bock , Marguerite Andersen and Robert Dickson writer Robert Dickson . External links http www.livres disques.ca priseparole home index.cfm Prisedeparole Category Book publishing companies of Canada Category Culture of Greater Sudbury Category Franco Ontarian culture Category Companies based in Greater Sudbury Canada corp stub publish corp stub fr ditions Prisedeparole ... more details
Infobox film name Parole, Inc. image image size caption director Alfred Zeisler producer Constantin J. David producer br Anthony Z. Landi associate producer writer Sherman L. Lowe story and br Royal K. Cole story br Sherman L. Lowe screenplay narrator starring See below music Alexander Laszlo composer Alexander Laszlo cinematography Gilbert Warrenton editing John Faure distributor Eagle Lion films released 24 November 1948 runtime 71 minutes country FilmUS language English budget gross preceded by followed by website Parole, Inc. is a 1948 American film directed by Alfred Zeisler . Plot summary The film opens with a scene of FBI agent Richard Hendricks Michael O Shea actor Michael O Shea bedridden in a hospital bed, dictating the results of his investigation for a report to the California Governor. The dictation scenes are interrupted by long flashbacks scenes showing how the investigation proceeded. After a number of parole s granted to dangerous career criminals, the California Governor and State Attorney General suspected corruption in the state parole board . They called upon Hendricks to investigate and expose those involved. Hendricks decided to go undercover as an ex convict wanting to buy a parole for a criminal partner currently in jail. He then proceeded to infiltrate the social circle of another recent parolee of dubious character, Harry Palmer, and ask him how to purchase a parole. However, the people operating the parole purchase ring were quite secretive and ready to take extreme measures to prevent their exposure. Cast Michael O Shea actor Michael O Shea as Richard Hendricks Turhan Bey as Barney Rodescu Evelyn Ankers as Jojo Dumont Virginia Lee as Glenda Palmer Charles Bradstreet as Harry Palmer Lyle Talbot as Police Commissioner Hughes Michael Whalen as Kid ... section date December 2009 External links IMDb title id 0041733 title Parole, Inc. Internet Archive film id paroleinc name Parole, Inc. Use dmy dates date January 2011 DEFAULTSORT Parole, Inc. Category ... more details
Infobox bodystyle width 20em name Infobox doc title Prisede Fer titlestyle headerstyle labelstyle width ... Prisede fer is a movement used in fencing in which a fencer takes the opponent s blade into a line and holds it there in preparation to attack. Translated from French, the phrase prisede fer means taking the blade or taking the steel. Alternate spellings include the plural Prises de Fer or Les Prises de Fer, and incorrectly Praise de Fer . There are four prisede fer actions opposition, crois , bind, and envelopment. However, each fencing master and fencing doctrine has a separate view of prisede fer. William Gaugler lists all four actions under Prisede Fer in his dictionary of fencing ... the crois , the bind, and the envelopment as prisede fer actions. ref Crosnier, Roger. Fencing with the Foil, New York A. S. Barnes and Company, 1948, p. 177 84. ref Any prisede fer action requires ... . As with all other prisede fer actions, there are numerous fencing doctrines. Luigi Barbasetti ..., Luigi. The Art of the Foil, New York E. P. Dutton and Company, 1932, p. 29. ref C L. de Beaumont .... 40. ref References reflist wiktionary prisede fer Nadi, Aldo. On Fencing, Sunrise Laureate Press, 1994 ... arm. Additionally, a successful action demands surprise, precise timing, and control. ref De Beaumont ... out of line, but not so much as to force it into a different line. ref Morton, E. D. A Z of Fencing ... holding the opponent s blade. ref De Beaumont, C L. Fencing Ancient Art and Modern Sport . London ... with the Foil , New York A. S. Barnes and Company, 1948, p. 180. ref ref De Beaumont, C L. Fencing .... Fencing with the Foil, New York A. S. Barnes and Company, 1948, p. 183. ref ref Hett, G. V. Fencing ... from low line to high line is at least theoretical ref Morton, E. D. A Z of Fencing . London ... of thought is that the action is, in theory, done from any line, ref Morton, E. D. A Z of Fencing ... of holding onto the opponent s blade otherwise. ref De Beaumont, C L. Fencing Ancient ... more details
Infobox Film name The Surrender of Tournavos image image size caption director Georges M li s producer writer narrator starring music cinematography editing distributor released 1897 runtime Short country France language Silent film budget preceded by followed by The Surrender of Tournavos French La prise de Tournavos was a short silent film created and released in 1897 and directed by Georges M li s . External links imdb title id 0223958 title The Surrender of Tournavos http www.youtube.com watch?v yrRIjiQgRZA The Surrender of Tournavos on Youtube CinemaofFrance DEFAULTSORT Surrender of Tournavos Category 1897 films Category French films Category French silent short films Category Black and white films Category Films directed by Georges M li s 1890s France film stub ... more details
Infobox SCOTUS case italic title force Litigants Rodriguez de Quijas v. Shearson American Express Inc. ArgueDate March 27 ArgueYear 1989 DecideDate May 15 DecideYear 1989 FullName Opelia Rodriguez de Quijas, et al., Plaintiffs Appellees, v. Shearson Lehman Brothers Inc., f k a Shearson American Express, Inc., and Jon Grady Deaton, Defendants Appellants. Mary Grace Norman, Plaintiff Appellee, v. Shearson Lehman Brothers Inc., f k a Shearson American Express, Inc., etc., et al., Defendants Appellants. Adelina Trapero, Plaintiff Appellee, v. Shearson Lehman Brothers Inc., f k a Shearson American Express, Inc., Its Successors and Assigns, and Jon Grady Deaton, Jointly and Severally, Defendants Appellants. Gene Griffin and Gertrud Griffin, Plaintiffs Appellees, v. Shearson Lehman Brothers Inc, f k a Shearson American Express, Inc., etc., et al., Defendants Appellants. USVol 490 USPage 477 Citation ... de Quijas v. Shearson American Express, Inc. hereafter Rodriguez de Quijas II , ussc 490 477 ... caselaw source case Rodriguez de Quijas v. Shearson American Express Inc. findlaw http caselaw.lp.findlaw.com ... Federal Arbitration Act , Securities Act of 1933 Rodriguez de Quijas v. Shearson American Express Inc. , ussc 490 477 1989 , is a United States Supreme Court decision concerning the arbitration in the United ... after the Supreme Court s own decision in Shearson American Express Inc. v. McMahon that claims under ... scholar.google.com scholar case?case 18020698409212405748 Rodriguez de Quijas et al v. Shearson American Express, Inc. et al hereafter Rodriguez de Quijas I , 845 F. 2d 1296 United States Court of Appeals ... Inc. v. McMahon that claims under the similar Securities Exchange Act of 1934 the 1934 Act , which ..., ref name McMahon cite Shearson American Express Inc. v. McMahon , ussc 482 220 1987 ref overruling ... Arbitration Act. ref name Oral argument cite web title Oral arguments, Rodriguez de Quijas v ... Cir. , 1989 Subsequent Holding Arbitration procedures have improved enough since Wilko v. Swan to sufficiently ... more details
her, calling them simply empty words parole . The single was released in April 1972 under PDU, Mina ... of the standout tracks of Mina s Cinquemilaquarantatre Cinquemilaquarantatr album ref name Paroleparole http www.hitparadeitalia.it schede p parole parole.htm Paroleparole hitparadeitalia site. Retrieved ... title Paroleparole description 27 second sample from the original version of Paroleparole . Cover versions A parody version of Paroleparole was performed by Adriano Celentano , Mina and Alberto Lupo on the penultimate Teatro 10 show on 6 May 1972. ref name Paroleparole In recent years the song ... comedian Paul de Leeuw and female singer Willeke Alberti . Their version was a major hit in The Netherlands ... parts. ref http www.youtube.com watch?v rVuvj6kF5no ref A Greek version was recorded by Greek singer ... in 2009. References Reflist External links http www.italianissima.net testi parole.htm ParoleParole ... www.hitparadeitalia.it schede p parole parole.htm Paroleparole at Hit Parade http www.pimpinela.net Pimpinela official site DEFAULTSORT ParoleParole Category Italian songs Category Vocal duets Category 1972 songs Category Dalida songs Category Amanda Lear songs es Paroleparole fr Paroleparole it Paroleparole Adagio ja ... more details
international lawyer, favorably discussed prisoner of war parole. ref Hugo Grotius , De Jure Belli ...Other uses Criminal procedure trial refimprove date June 2006 Parole may have different meanings depending ... the French language French wikt parole French parole voice , spoken word . Following its use in late ... is that parole bond s be used to encourage defendants not to re offend. ref citation url http www.ncpa.org pub st233 title Privatizing Probation and Parole date June 1, 2000 author Morgan O. Reynolds publisher National Center for Policy Analysis ref Parole should not be confused with probation , as parole is serving the remainder of a sentence outside of prison, where probation is given instead ... the term. Criminal justice In criminal justice systems, parole is the supervised release of a prisoner ... if they violate the conditions of their parole. A specific type of parole is medical parole ... of parole often include things such as obeying the law, refraining from drug and alcohol use ... with a parole officer . Some justice systems, such as the United States federal system, place defendants ... prison sentence this is not the same as parole. In Colorado, parole is an additional punishment after the entire prison sentence is served it is called mandatory parole , per 18 1.3 401 1 a V B . Difference between parole and mandatory supervision Some states in the US have what is known as mandatory ... completed their sentence on paper, obliging the state to release them. Where parole is granted or denied at the discretion of a parole board, mandatory supervision does not involve a decision ... that are more lenient than those of parole, and in some cases place no obligations at all on the individual being released. Early history of parole Alexander Maconochie SMART penal reformer Alexander ... of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk ... accessdate 2012 04 27 ref China In China , prisoners are often granted medical parole or compassionate ... more details
United Artists Records albums da On Parolede On Parole es On Parole fr On Parole it On Parole hu On Parole no On Parole pl On Parole pt On Parole ru On Parole sq On Parole fi On Parole sv On Parole ...Infobox album See Wikipedia WikiProject Albums Name On Parole Type Studio Artist Mot rhead Cover On parole.jpg Caption CD reissue cover Released December 8, 1979 ref http www.metal archives.com albums Mot C3 B6rhead On Parole 2789 Metal Archives.com ref Recorded September 1975 at Rockfield Studios , Monmouth , Wales Genre Hard rock , Heavy metal music heavy metal Length 36 59 original br 53 32 reissue Label United Artists Producer The Four Pennies Fritz Fryer Last album This album On Parole br 1975 1979 Next album Mot rhead album Mot rhead br 1977 Album ratings rev1 Allmusic rev1Score Rating 3 5 ref Allmusic class album id r13526 pure url yes Allmusic Review ref noprose yes On Parole is the debut recording made by England English Heavy metal music heavy metal band Mot rhead . While it was originally recorded in September 1975, United Artists was not convinced of the album s commercial potential and did not want to release it. Originally intended for a 1976 release date, ref http www.metal archives.com albums Mot C3 B6rhead On Parole 2789 album tabs notes Metal Archives.com ref the album would not be released until three years later. History This is the only album to feature the band s original line up of Lemmy on vocals and bass, Larry Wallis on guitar and vocals, and Lucas Fox on drums. During the sessions, original producer Dave Edmunds relinquished his duties being replaced by Fritz Fryer. Drummer Fox was then replaced by Phil Philthy Animal Taylor , a casual acquaintance of Lemmy ... for The Birds band The Birds . On Parole was recorded and released by Larry Wallis backed by Eddie ... Side 1 Motorhead song Motorhead Lemmy Ian Kilmister 2 57 On Parole Larry Wallis 5 38 Vibrator Wallis ... Tracks li value 10 On Parole Wallis Alternate Take 6 58 City Kids Wallis, Sanderson Alternate Take ... more details
Infobox TV channel name Prise 2 logofile Prise 2 2010.svg logocaption Prise 2 logo logosize 170px launch February 9, 2006 closed date picture format share share as of share source network owner Groupe TVA br small Quebecor Media small slogan Quand on aime c est pour toujours country Canada broadcast area National headquarters Montreal , Quebec former names replaced names sister names web http www.prise2.canoe.com Prise 2 fr sat serv 1 Bell TV sat chan 1 Channel 153 sat serv 2 Shaw Direct sat chan 2 Channel 757 cable serv 1 Vid otron cable chan 1 Channel 95 cable serv 2 Cogeco cable chan 2 Channel 95 cable serv 3 T l distribution Amos cable chan 3 Channel 123 cable serv 4 CCAP cable chan 4 Channel 95 cable serv 5 Cablevision Canada Cablevision du Nord cable chan 5 Channel 99 iptv serv 1 Bell Fibe TV iptv chan 1 Channel 153 iptv serv 2 Telus TV Optik TV iptv chan 2 Channel 49 Prise 2 French Take 2 is a Canadian French language Category B Services Category B specialty channel owned by Groupe TVA , a division of Quebecor Media . Prise 2 broadcast television series and films , primarily from Quebec and the United States , from the 1970s, 80s, and 90s. History In October 2005, Groupe TVA was granted approval from the Canadian Radio television and Telecommunications Commission CRTC to launch a television channel called Nostalgie , described as a national, French language Category 2 specialty programming undertaking devoted to television and movie classics. ref http www.crtc.gc.ca eng ... on February 9, 2006 as Prise 2 . ref http www.showbizz.net television chaine prise est lancee aujourdhui 13430.html La cha ne Prise 2 est lanc e aujourd hui Showbizz.net 2006 02 09 ref File Prise ... broadcast by Prise 2 References reflist External links http prise2.canoe.com Prise 2 fr icon Quebecor Inc. Category Canadian digital cable television networks Category French language television ... fr Prise 2 ... more details
orphan date September 2010 IBP, Inc. v Alvarez , a Supreme Court case in 2005, expanded worker protections initially outlined in the FLSA Federal Labor Standards Act FLSA of 1938, as amended by the Portal to Portal Act of 1947. Workers for the IBP, Inc. Iowa Beef Processors, Inc . IBP, Inc. , now known as Tyson Foods, Inc. , filed a class action lawsuit requesting reparations for unpaid wages. Workers were not being paid for time spent putting on and taking off protective gear, nor for time walking to and from the changing area. IBP, Inc. argued that changing into protective gear did not constitute a principal activity of the job, and thus was not compensable by law. Court ruling The Supreme Court ruled unanimously in the workers favor. According to the opinion released, donning protective gear and walking to and from changing areas are integral and indispensable to the job s principal activities , and must, therefore, be compensated. The court moderated its opinion slightly, siding with the employer regarding time waiting in line for protective gear. This waiting time, two steps removed from principal activities , is not compensable under FLSA regulations. However, time spent waiting ..., employees will be compensated for their waiting time. Implications IBP, Inc. v Alvarez encourages ... ruling by the United States Court of Appeals , First Circuit, in Tum v Barber Foods, Inc in 2003. Forty four employees filed a class action suit against Barber Foods, Inc., identical in nature to employees complaints against IBP, Inc. Barber Foods successfully argued that time spent donning and doffing ... between the changing room and the meatpacking floor. References 1. IBP, Inc. v Alvarez. 546 US. 21 US Sup. Ct. 2005. 2. IBP v Alavarez. Duke Law. September 2010. http www.law.duke.edu publiclaw supremecourtonline .... Don and Doff the Day s Apparel IBP, Inc. v Alvarez. Martindale.com. 7 December 2005. September 2010 ... v Barber Foods, Inc. 331 F. 3d 1 United States Court of Appeals, First Circuit. 2003. Category United ... more details
Infobox SCOTUS case Litigants Federal Communications Commission FCC v. AT&T , Inc. ArgueDate January .... v. AT&T Inc. et al. USVol 562 USPage Citation Docket 09 1279 OralArgument http www.supremecourt.gov ... FCC v. AT&T, Inc. The Lack of Personal Privacy for Corporations url http www.advertisinglawblog.com 2011 03 fcc v att inc the lack of personal privacy for corporations.shtml accessdate 15 March 2011 ref ... COURT OF APPEALS FOR THE THIRD CIRCUIT title AT&T INC, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION ... v. Federal Election Commission Docket No. 08 205 url http topics.law.cornell.edu supct cert 08 205 publisher Cornell University School of Law. accessdate 5 May 2011 ref ref cite web title FCC v. AT&T Inc. url http www.afj.org connect with the issues the corporate court fcc v att inc.html publisher ... last Supreme Court of the United States title FEDERAL COMMUNICATIONS COMMISSION ET AL. v. AT&T INC. ET ... files cases federal communications commission v att inc FCC v. AT&T, Inc. coverage on SCOTUSblog Refend ..., Thomas, Ginsburg, Breyer, Alito, and Sotomayor NotParticipating Kagan LawsApplied usc 5 552 FCC v. AT&T, Inc. , ussc 562 2011 , is a Supreme Court of the United States United States Supreme Court case ... that originate or terminate in the United States Defendant AT&T inc. is the largest provider ... May 2011 ref Background In 2004, AT&T and FCC agreed to produce an E Rate program that assists schools ... case Santa Clara County v. Southern Pacific Railroad , 118 U.S. 394, the Supreme Court decided ... v. Federal Election Commission . The dispute was over whether Citizens United , a non profit corporation ... to FCC Vs. ATT Inc., in the case referring to the term personal the Third Circuit opinion states ... appealed in the Supreme Court. The case was argued on January 19, 2011. AT&T Inc. position remained ... Court in the NASA v. Nelson case, which was argued on October 5, 2010. The case s concerns were ... privacy rights. ref cite news last DE VOGUE first ARIANE title Supreme Court NASA Can Ask Employees ... more details
Infobox SCOTUS case Litigants Medtronic, Inc. v. Lohr ArgueDate April 23 ArgueYear 1996 DecideDate June 26 DecideYear 1996 FullName Medtronic, Inc., Petitioner 95 754 v. Lora Lohr, et vir Lora Lohr, et vir, Petitioners 95 886 v. Medtronic, Inc. USVol 518 USPage 470 Citation 116 S. Ct. 2240 135 L. Ed. 2d 700 1996 U.S. LEXIS 4260 64 U.S.L.W. 4625 CCH Prod. Liab. Rep. P14,634 29 U.C.C. Rep. Serv. 2d Callaghan 1077 96 Cal. Daily Op. Service 4685 96 Daily Journal DAR 7557 10 Fla. L. Weekly Fed. S 83 Prior Holding SCOTUS 1994 2005 Majority Stevens JoinMajority Kennedy, Souter, Ginsburg, Breyer parts I, II, III, V, VII Kennedy, Souter, Ginsburg parts IV, VI Concurrence Breyer Concurrence Dissent O Connor JoinConcurrence Dissent Rehnquist, Scalia, Thomas LawsApplied Medtronic, Inc. v. Lohr , scite 518 470 1996 , is a United States Supreme Court case dealing with the scope of federal preemption . See also List of United States Supreme Court cases, volume 518 List of United States Supreme Court cases Lists of United States Supreme Court cases by volume External links http www.altlaw.org cite 518 U.S. 470 Full text at Altlaw Category United States Supreme Court cases Category United States federal preemption law Category Medtronic SCOTUS case stub ... more details
italic title Microdecisions, Inc. v. Skinner , 889 S.2d 871 Fla. 2d Dist. App. 2004 , was a case before the Florida Second District Court of Appeal concerning whether the Collier County, Florida Property Appraiser could require prospective commercial users of the records created in his office to first enter into a licensing agreement. The court concluded that he may not. ref name appeals opinion p2 cite court litigants Microdecisions, Inc. v. Skinner vol 889 reporter S.2d opinion 871 date 2004 pinpoint at 2 url http www.2dca.org opinions Opinion Pages Opinion Page 2004 December December 2001, 202004 2D03 3346.pdf ref In the decision, the court held that Skinner has no authority to assert copyright protection in the GIS maps, which are public records. ref name appeals opinion p6 cite court litigants Microdecisions, Inc. v. Skinner vol 889 reporter S.2d opinion 871 date 2004 pinpoint at 6 url http www.2dca.org opinions Opinion Pages Opinion Page 2004 December December 2001, 202004 2D03 3346.pdf ref In support of this, the court held that the Florida public records law ... overrides a governmental agency s ability to claim a copyright in its work unless the legislature has expressly authorized a public records exemption. ref name appeals opinion p9 cite court litigants Microdecisions, Inc. v. Skinner vol 889 reporter S.2d opinion 871 date 2004 pinpoint at 9 url http www.2dca.org opinions Opinion Pages Opinion Page 2004 December December 2001, 202004 2D03 3346.pdf ref This was a Florida District Court of Appeal decision, but the Florida Supreme Court declined to hear the case and ordered ... Microdecisions, Inc. V. Skinner Category Florida state case law Category United States copyright ... http commons.wikimedia.org wiki File Microdecisions v. Skinner SCOTFL RULING.djvu Commons DjVu format ... reasoning for the decision in County of Santa Clara v. California First Amendment Coalition by the 4th ... government County of Suffolk v. First American Real Estate Solutions , http bulk.resource.org courts.gov ... more details
Infobox SCOTUS case Litigants Time, Inc. v. Firestone ArgueDate October 14 ArgueYear 1975 DecideDate March 2 DecideYear 1976 FullName Time, Inc. v. Mary Alice Firestone USVol 424 USPage 448 Citation Prior Florida state court grants 100,000 libel claim for the respondent. Florida Supreme Court affirms. Holding Mary Firestone can collect libel damages from Time, Inc., because she was not a public figure. She had no special prominence in societal affairs, nor did she thrust herself into a controversy to influence its resolution. SCOTUS 1975 1981 Majority Rehnquist JoinMajority Burger, Stewart, Blackmun, Powell Concurrence Powell JoinConcurrence Stewart Dissent Brennan Dissent2 White Dissent3 Marshall Abstain Stevens LawsApplied First Amendment to the United States Constitution U.S. Const. Amend. I Fourteenth Amendment to the United States Constitution U.S. Const. Amend. XIV New York Times, Co. v. Sullivan 376 U.S. 254 Time, Inc. v. Firestone , ussc 424 448 1976 , was a Supreme Court of the United States U.S. Supreme Court case concerning defamation suits against public figures. Background Mary Alice Firestone was married to Russell A. Firestone, Jr. , an heir to the Firestone Tire and Rubber Company family fortune. Mary filed for divorce, and Russell submitted a counterclaim on the grounds of extreme cruelty and adultery. The judge discounted much of the evidence concerning extramarital affairs. Nevertheless, Time, Inc., publisher of Time magazine the eponymous weekly news magazine , ran an article about the affairs, despite evidence to the contrary. A week after the decision was made, in the milestones section of the Time s editorial, the news of Firestone s divorce was published ... of New York Times Co. v. Sullivan , which protected media from liability in such suits except in cases ... Supreme Court ruled that Mary was not a public figure, using language defined in Gertz v. Robert Welch, Inc. 1974 . Decision In a 5 3 decision, with Justice Stevens abstaining, the Supreme Court ... more details
LabCorp v. Metabolite, Inc. is a court case related to the patentability of scientific principles which the Supreme Court of the United States U.S. Supreme Court agreed to hear, and later dismissed, in 2006. In 1999, Metabolite sued LabCorp for infringement of a patent covering a diagnostic test. The claims of Metabolite s patent include the correlation between levels of homocysteine and vitamins Vitamin B6 B sub 6 sub and Vitamin B12 B sub 12 sub . A jury ordered LabCorp to pay 4.7 million in damages and the decision was upheld by a federal court, which further stated that doctors were directly infringing Metabolite s patents each time such a test is ordered and interpreted. LabCorp argued that the correlation is a principle of nature, and therefore the patent should never have been granted. The court dismissed the case, although Stephen Breyer Justice Breyer , John Paul Stevens Justice Stevens , and David Souter Justice Souter dissented from this decision. Breyer s dissenting opinion cited numerous cases in which scientific principles had been held to be unpatentable. Had the case been heard, and had Metabolite s patent been invalidated, the case would have had broad implications for biotechnology companies, which may have extended far beyond patentability of correlations of Biomarker biomarkers to disease states. Metabolite s brief to the court suggested that overturning the patent might lead to invalidation of all drug patents on the grounds that the inventors merely discovered that certain chemicals interact with the human body in ways directed by chemistry. References ... CORPORATION OF AMERICA HOLDINGS, DBA LABCORP, PETITIONER v. METABO LITE LABORATORIES, INC., ET AL. nowiki Kinitsch E, et al. http www.sciencemag.org cgi content summary 311 5763 946 What Good Is a Patent? . Science . 311 5763 946. DOI 10.1126 science.311.5763.946 See also Diamond v. Diehr Diamond v. Chakrabarty Parker v. Flook O Reilly v. Morse Funk Brothers Seed Co. v. Kalo Inoculant Co ... more details
Infobox SCOTUS case Litigants Lear, Inc. v. Adkins ArgueDateA November 20 ArgueDateB 21 ArgueYear 1968 DecideDate June 16 DecideYear 1969 FullName Lear, Incorporated v. John Adkins USVol 395 USPage 653 Citation 89 S. Ct. 1902 23 L. Ed. 2d 610 1969 U.S. LEXIS 3099 162 U.S.P.Q. BNA 1 1969 Trade Cas. CCH P72,823 Prior 67 Cal. 2d 882 vacated and remanded Subsequent Holding SCOTUS 1969b Majority Harlan JoinMajority Warren, Brennan, Stewart, Marshall Concurrence Dissent Black in part JoinConcurrence Dissent Warren, Douglas Concurrence Dissent2 White in part LawsApplied wikisource Lear, Inc. v. Adkins , 395 U.S. 653 1969 , ref wikisource inline Lear, Inc. v. Adkins ref is a decision of the U.S. Supreme Court overturning the doctrine of licensee estoppel and holding that public interest considerations require that licensees be free to challenge the validity of possibly spurious patents under which they are licensed. This entailed the overruling of Automatic Radio Mfg. Co. v. Hazeltine Research, Inc. ref 339 U.S. 827, 836 1950 holding that licensee estoppel is the general rule . ref and prior cases that it had reaffirmed. Opinion of the Court The Supreme Court recognized that a conflict existed between the demands of contract law, which forbids a purchaser to repudiate his promises simply because he later becomes dissatisfied with the bargain, and federal policy, which requires that all ideas in general circulation be dedicated to the common good unless they are protected by a valid patent. Past efforts at compromise to reconcile these competing interests led to a chaos of conflicting case law. The Court found guidance in a 19th Century decision stating that i t is as important to the public that competition should not be repressed by worthless patents as that the patentee of a really valuable invention should be protected in his monopoly. ref Pope Mfg. Co. v. Gormully, 144 U.S. ... reflist External links caselaw source case Lear Inc. v. Adkins findlaw http caselaw.lp.findlaw.com ... more details
Infobox SCOTUS case Litigants Riegel v. Medtronic, Inc. ArgueDate December 4 ArgueYear 2007 DecideDate February 20 DecideYear 2008 FullName Charles R. Riegel, et ux. v. Medtronic, Inc. OralArgument http www.oyez.org cases 2000 2009 2007 2007 06 179 argument Docket 06 179 USVol 552 USPage 312 Citation Prior Subsequent Holding The MDA s pre emption clause bars common law claims challenging the safety or effectiveness of a medical device marketed in a form that received premarket approval from the FDA. SCOTUS 2006 2009 Majority Scalia JoinMajority Roberts, Stevens, Kennedy, Souter, Thomas, Breyer, Alito Dissent Ginsburg LawsApplied Riegel v. Medtronic, Inc. , Case citation 552 U.S. 312 2008 , is a Supreme Court of the United States United States Supreme Court case in which the Court held that the pre emption clause of the Medical Device Amendment bars state common law claims that challenges the effectiveness or safety of a medical device marketed in a form that received premarket approval from the Food and Drug Administration . See also Wyeth v. Levine FDA Preemption Further reading http supreme.justia.com us 552 06 179 index.html Syllabus and opinion in printable format from Justia.com cite journal last Korobkin first Russell authorlink coauthors year 2007 month title Who Should Protect the Public? The Supreme Court and Medical Device Regulation journal New England Journal of Medicine volume 357 issue 17 pages 1680 1681 doi 10.1056 NEJMp078142 url accessdate quote pmid 17960010 Category United States Supreme Court cases Category United States Supreme Court cases of the Roberts Court Category United States federal preemption law Category Medtronic SCOTUS stub ... more details
, Inc. v. Hansen vol reporter opinion No. 07 212 pinpoint court D. Idaho date Sept. 30, 2010 url http www.scribd.com doc 41490886 Melaleuca Incv Hansen CV 07 212 E EJL MHW D Idaho Sept 30 2010 accessdate quote ref Although Melaleuca owned the domain name and provided e mail addresses, it provided ...Infobox United States District Court case name Melaleuca, Inc. v. Hansen court United States District Court for the District of Idaho image United States District Court for the District of Idaho imagesize caption full name Melaleuca, Inc. v. Hansen date decided April 15, 2011 citations No. 10 553, 2011 WL 1458351 D. Idaho Apr. 15, 2011 transcripts judge Honorable Edward Lodge prior actions Melaleuca, Inc. v. Hansen, No. 07 212 D. Idaho Sept. 30, 2010 subsequent actions holding keywords CAN SPAM Act of 2003 , spam , collateral estoppel , standing law , summary judgment Melaleuca, Inc. v. Hansen was a United States District Court for the District of Idaho case which clarified the meaning of internet ... Melaleuca2 Cite court litigants Melaleuca, Inc. v. Hansen vol 2011 reporter WL opinion 1458351 pinpoint court D. Idaho date Apr. 15, 2011 url http www.scribd.com doc 53684976 Melaleuca v Hansen 10 Cv 00553 D Idaho Apr 15 2011 accessdate quote ref Among several claims, Melaleuca Inc. claimed that Hansen ... v. Virtumundo, Inc. , ref name Gordon Cite court litigants Gordon v. Virtumundo vol 575 reporter ... 08 gordon v virtumundo inc no 07 35487.html accessdate quote ref a Ninth Circuit case, the court specified ... ref Gordon v. Virtumundo, Inc., 575 F.3d 1040 9th Cir. 2009 ref name Gordon ref http itlaw.wikia.com wiki Gordon v. Virtumundo Gordon v. Virtumundo Wikia http dockets.justia.com docket washington wawdce .... Hansen e mailed some of Melaleuca s marketing executives, informing them about ITV and inviting ... title Court Says CAN SPAM Plaintiff Can t Take Second Bite at the Apple, Melaleuca v. Hansen author ... v. Virtumundo ref name Gordon ref . Both cases further define the boundaries of internet access provider ... more details
The Prise d Orange English language English Conquest or Seizure of Orange , is an Old French chanson de geste from the end of the twelfth century ref name Has Hasenohr, 1204 5. ref , part of the cycle of chansons concerning William of Gellone Guillaume or William of Orange , generally referred to collectively as the Guillaume d Orange cycle Geste de Guillaume d Orange . ref name Has Its plot concerns William s conquest of the city of Orange, Vaucluse Orange from the Saracen s and of his marriage to its queen Orable, renamed Guibourc. The poem comprises 1,888 decasyllable verses in assonance d laisse s. ref name Has The poem exists in a number of manuscripts with other chansons from the same cycle. Compared to earlier chansons de geste , its tone is frequently playful, comic and parodic and it introduces romantic courtly love elements taken from the medieval Romance heroic literature romance . ref name Has Plot The story is as follows an escaped prisoner from Orange Guillebert comes to William in N mes and describes to him the beauties of the Saracen held city and of its queen Orable. William decides to see it for himself and succeeds in wooing the queen. After a series of adventures, William takes the city and marries a newly baptized Orable, renamed Guibourc. ref name Has References fr icon Genevi ve Hasenohr and Michel Zink, eds. Dictionnaire des lettres fran aises Le Moyen Age . Collection La Pochoth que. Paris Fayard, 1992. ISBN 2 2530 5662 6 en icon Urban T. Holmes, Jr. . A History of Old French Literature from the Origins to 1300 . New York F.S. Crofts, 1938. reflist Category Chansons de geste Category 12th century books fr La Prise d Orange ru ... more details
Infobox Court Case name Tiffany Inc. v. eBay, Inc. court United States Court of Appeals for the Second Circuit image imagesize imagelink imagealt caption full name Tiffany Inc. v. eBay, Inc. date decided ..., Jr. , Richard W. Goldberg prior actions Tiffany Inc. v. eBay, Inc. , 576 F. Supp.2d 463 S.D.N.Y. ... dilution subsequent actions Tiffany Inc. v. eBay, Inc. , 2010 WL 3733894 S.D.N.Y. 2010 district court found no evidence of false advertisement Tiffany Inc. v. eBay, Inc. , 131 S. Ct. 647 writ of certiorari ... title yes Tiffany Inc. v. eBay Inc. , 600 F.3d 93 2d Cir. 2010 , established that trademark owners ... a Notice of Claimed Infringement form NOCI . ref Tiffany v. eBay, Inc. , 576 F. Supp. 2d 463, 478 S.D.N.Y. ... Tiffany v. eBay, Inc. , 576 F. Supp. 2d 463, 471 472 S.D.N.Y. 2008 ref In 2009, Tiffany had worldwide ... website and eBay recommended Tiffany participate in VeRO. ref Tiffany v. eBay, Inc. , 576 F. Supp. 2d ... . ref Tiffany v. eBay, Inc. , 576 F. Supp. 2d 463, 482 S.D.N.Y. 2008 ref Although eBay continued ... of eBay on all issues. ref Tiffany v. eBay, Inc. , 576 F. Supp. 2d 463 S.D.N.Y. 2008 ref Tiffany ... the false advertising claim, which it remanded back to the district court. ref Tiffany v. eBay, Inc ... issue on Sept. 13, 2010. ref Tiffany v. eBay, Inc. , 2010 WL 3733894, ref Tiffany applied for a writ ... v. eBay, Inc. , 131 S. Ct 647 2010 ref The rulings Direct trademark infringement Tiffany alleged eBay ... ways. ref Tiffany v. eBay, Inc. , 576 F. Supp. 2d 463, 493 494 S.D.N.Y. 2008 ref First, eBay profited ... v. eBay, Inc. , 600 F.3d 93, 103 2d Cir. 2010 ref Further, because eBay does not take possession ... outlined in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. , which held a manufacturer or distributor .... ref Tiffany v. eBay, Inc. , 576 F. Supp. 2d 463, 502 S.D.N.Y. 2008 ref The Second Circuit held ... v. eBay, Inc. , 600 F.3d 93, 107 2d Cir. 2010 ref For contributory trademark infringement liability .... ref Tiffany v. eBay, Inc. , 600 F.3d 93, 109 2d Cir. 2010 ref The court concluded that eBay did not ignore ... more details
Guth v. Loft, Inc. , 5 A. 2d 503 Del. Ch. 1939 is a Delaware corporation law case on corporate opportunity corporate opportunities and the duty of loyalty . It deviated from the 200 year old rule laid down in Keech v. Sandford ref Keech v. Sandford 1726 Sel Cas. Ch.61 ref that a fiduciary should leave open no possibility of conflict of interest between his private dealings and the job he is entrusted to do. Facts Charles Guth Mr. Guth was the President of Loft Inc, which made a cola drink. Loft s soda fountains purchased cola syrup from Coca Cola Ltd, but then Mr. Guth decided it would be cheaper to buy from Pepsi after Coke declined to give him a larger jobber discount. Pepsi went bankrupt before Mr. Guth could inquire about obtaining syrup from Pepsi. Mr. Guth bought the company and its syrup recipe, which he then had Loft chemists reformulate and then purported to sell the syrup on to Loft Inc. He was alleged to have breached his fiduciary duty of loyalty to the company by failing to offer that opportunity to Loft Inc, and instead appropriating it for himself. Judgment Daniel J. Layton , the concurrent chief justice, gave the lead judgment for the Delaware Supreme Court. He started off by paying service to the general principle against conflicts of interest. blockquote Corporate officers and directors are not permitted to use their position of trust and confidence to further their private interests. While technically not trustees, they stand in a fiduciary relation to the corporation and its stockholders. A public policy, existing through the years, and derived from a profound knowledge of human characteristics and motives, has established a rule that demands of a corporate ... See also US corporate law Keech v. Sandford 1724 2 Sel Cas Ch 16 Boardman v. Phipps 1967 2 AC 46 Broz v. Cellular Information Systems Inc. Del. Supr. 637 A2d 148 1996 . Corporate law Business judgment ... Journal of Business Law 122 142 V. Brudney and R. C. Clark, A New Look at Corporate Opportunities ... more details
, Inc. v. Doe No. 3 , 775 A.2d 756. ref http www.citmedialaw.org sites citmedialaw.org files 2001 07 ...Wikify date March 2011 Primary sources date March 2011 Mobilisa v. Doe ref name opinion https www.eff.org files mobilisaruling.pdf Mobilisa Incv. John Doe CA CV 06 0521 ref was a lawsuit filed in 2005 by Mobilisa Inc. ,, a Washington based company that provides wireless and mobile communications to government and military clients. The case against John Doe , the anonymous sender of an email using the service The Suggestion Box . The case is notable regarding the legal question of what standard should govern requests for discovery of the identity of an anonymous Internet speaker whose speech allegedly violated a plaintiff s rights. While the court originally issued a subpoena requiring The Suggestion Box to disclose the identity of the e mail s sender, it later vacated this order when The Suggestion Box objected in December 2005. ref http www.citmedialaw.org threats mobilisa v doe description Citizen Media Law Project Mobilisa v. Doe ref Background The dispute originated with an email originally sent from a company e mail account by Nelson Ludlow, the founder and chief executive of Mobilisa Inc., to a woman who was not employed by Mobilia but was involved in a personal relationship with Ludlow. This e mail was forwarded six days later to members of Mobilisa s management team from an anonymous sender with an address hosted at theanonymousemail.com , a domain managed by The Suggestion Box, Inc. The e mail contained Ludlow s original e mail to Shara and subject line was the question Is this a company you want to work for? . Initial discovery order Mobilisa requested that the Arizona Superior Court issue a subpoena compelling The Suggestion Box to disclose the identity of the anonymous sender in August 2005 on the basis that the sender had violated two federal statues that make ... set out in Doe v. Cahill , 884 A.2d 451 ref http www.citmedialaw.org sites citmedialaw.org ... more details
SCOTUSCase Litigants Hannegan v. Esquire, Inc. ArgueDate January 11 ArgueYear 1946 DecideDate February 4 DecideYear 1946 FullName Hannegan v. Esquire, Inc. USVol 327 USPage 146 Citation Prior Dismissed, 55 Federal Supplement F. Supp. 1015 United States District Court for the District of Columbia D.D.C. rev d, 151 Federal Reporter F.2d 49 United States Court of Appeals for the District of Columbia Circuit D.C. Cir. certiorari cert. granted, 326 U.S. 708 Holding The Postmaster General is without power to prescribe standards for the literature or the art which a mailable periodical not obscene disseminates, or to determine whether the contents of the periodical meet some standard of the public good or welfare. SCOTUS 1945 1946 Majority Douglas JoinMajority Stone, Black, Reed, Frankfurter, Murphy, Rutldge, Burton Concurrence Frankfurter NotParticipating Jackson LawsApplied usc 39 221 1946 Section 7 of the Classification Act of 1879 Hannegan v. Esquire, Inc. , 327 U.S. 146 1946 , was a decision by the Supreme Court of the United States which ruled that the United States Postal Service was without statutory authority to revoke a periodical s second class permit on the basis of objectionable material that was not obscene. The case arose when the United States Postal Service revoked the second class mail permit of Esquire magazine Esquire magazine in 1943, due to material in the magazine it found offensive. The United States Congress had passed legislation permitting the USPS to deny its services to distribute obscenity obscene material . The USPS did not contend that the magazine was obscene, however, only that it contained objectionable or offensive material, primarily in the form of sexual humor. Esquire sought an injunction against the USPS in federal court, which was denied. The Court of Appeals for the District of Columbia reversed. The Supreme Court affirmed the Court of Appeals ... caselaw source case Hannegan v. Esquire, Inc. 327 U.S. 146 1946 justia http supreme.justia.com cases ... more details
A01 date May 7, 2006 accessdate ref Abdullahi v. Pfizer, Inc. I In 2002, a group of Nigerian minors ... by defendant Pfizer Inc. Pfizer without their informed consent . ref Abdullahi v. Pfizer, Inc ... of action . Abdullahi v. Pfizer, Inc , 2005 U.S. Dist. LEXIS 16126, at 1 n. 1. ref to recover damages ... v. Pfizer, Inc. II File US Court of Appeals and District Court map.svg right thumb 300px United ... judgment to the United States Court of Appeals for the Second Circuit. ref Abdullahi v. Pfizer, Inc ... to the District Court. Abdullahi v. Pfizer, Inc. III After the Court of Appeals vacated and remanded .... ref Abdullahi v. Pfizer, Inc. , 2005 U.S. Dist. LEXIS 16126, at 23 S.D.N.Y., August 9, 2003 Abdullahi ... Adamu v. Pfizer, Inc The District Court recites the facts set forth in Abdullahi I , and the analysis ... v. Pfizer, Inc. , 399 F. Supp. 2d 495, 503 N.Y.S.D. 2005 . ref In addition to lack of subject matter ... government, thereby Pfizer acted as a de facto state actor . Next, Pfizer sought dismissal on grounds ... of Appeals referred to the Nigerian litigation as Zango v. Pfizer Zango litigation . The Zango ... that the Zango litigation did not preclude dismissal for forum non conveniens . ref Abdullahi v. Pfizer, Inc. , 2005 U.S. Dist. LEXIS 16126 S.D.N.Y., August 9, 2005 Abdullahi III . ref Adequate Alternative ... more details
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