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Arbitration Clause Deemed Unconscionable on Appeal Enforceability Overturned by Mississippi Supreme Court Find Out Why… Many times, in an effort to afford ourselves the maximum protection permitted by contract law, inspectors include everything but the “kitchen sink” in their inspection agreements. In this particular case, and in addition to some unforeseen consequences in the follow-on […]

Business Disparagement and Defamation Common law defamation consists of either (i) a communication that harms the reputation of another by lowering him or her in the community of opinion, or (ii) a communication that deters others from associating with or becoming otherwise involved with the person. Both libel and slander fit within the common law […]

Federal District Court Opinions STEWARD MACHINE CO., INC. v. WHITE OAK CORP., (Conn. 11-16-2006) STEWARD MACHINE CO., INC., Plaintiff, v. WHITE OAK CORP. and NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA, Defendants. Civil Action No. 3:00cv834 (SRU). United States District Court, D. Connecticut. November 16, 2006 MEMORANDUM OF DECISION STEFAN UNDERHILL, District Judge Steward […]

Federal District Court Opinions IN RE MARSH ERISA LITIGATION, (S.D.N.Y. 12-14-2006) IN RE MARSH ERISA LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS. Master File No. 04 Civ. 8157 (SWK). United States District Court, S.D. New York. December 14, 2006 OPINION AND ORDER SHIRLEY KRAM, Senior District Judge In October 2004, the Office of the New […]

Patent infringement A patent provides the proprietor of that patent with the right to exclude others from utilizing the invention claimed in that patent. Should a person utilize that invention, without the permission of the patent proprietor, they may infringe that patent. Elements of patent infringement Any party that manufactures, uses, sells, or offers for […]

Ohio Appellate Reports Unpublished CRAVAT COAL v. DIVISION MINERAL RESOURCES, Unpublished Decision (12-26-2006) 2006-Ohio-7071 CRAVAT COAL COMPANY, Appellant-Appellee, v. DIVISION OF MINERAL RESOURCES MANAGEMENT, Appellee-Appellant. No. 05-HA-577. Court of Appeals of Ohio, Seventh District, Harrison County. Dated: December 26, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Administrative Appeal from […]