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If you do work as an expert witness on warnings, you probably feel quite confident that you know a bad warning when you see one (and would know a good one if you ever saw one). Of course, backing up our opinion with some version of, "I just know" doesn't make for very strong testimony. Indeed, we can count on our criteria being challenged by opposing council even when we can articulate them.
I'm not exactly sure where the phrase 'unwritten rights' came from, or who came up with the idea of unwritten conveyances in relation to surveying, boundaries and deeds, but it seems that it caught on quickly and then became a universal idea in the land surveying profession.
A New York City pathologist who lived in a Manhattan apartment claimed personal injury from the inhalation of vapors released from a commercially available construction adhesive used in her apartment while she was present. The plaintiff claimed permanent pulmonary distress, asthmatic symptoms, and sensitization to the smell of virtually all other chemicals – including common household chemicals.
While Ericsson is a leading contributor to mobile communications standards, a US District Court in California has significantly undervalued Ericsson's standard-essential patents (SEPs) by relying heavily on flawed "top-down" valuation analysis that prorates royalties by company for 2G, 3G and 4G based on SEP counting. This analysis applies a series of inaccurate assumptions which whittle down royalty rates from an understated notional maximum in a succession of unreliable steps. The resulting rates derived are a lot lower than those found in a European court's FRAND determination for the same company in the same year (2017) and for the same 2G, 3G, and 4G patent portfolios. The differences between these US and European determinations are irreconcilable.
The equations of linear elasticity for rotationally symmetric deformations are expanded using a small parameter related to the thickness to radius of curvature ratio of the shell to obtain the classical thin shell equations of conical shells as a first approximation. These classical equations with variable coefficients permit further asymptotic expansions in the cases of steep as well as shallow cones, yielding systems of equations with constant coefficients. Solutions of these equations are used to compute the influence coefficients relating edge loads and edge displacements.
Other than airport-to-parking lot shuttles, and an occasional tour or charter trip, all public transportation services pickup and discharge their passengers at the side of a roadway. When it is available, they pickup and discharge them from or onto a curb, sidewalk, platform or other raised surface.
In this paper, we present techniques for provisioning CPU and network resources in shared hosting platforms running potentially antagonistic third-party applications. The primary contribution of our work is to demonstrate the feasibility and benefits of overbooking resources in shared platforms, to maximize the platform yield: the revenue generated by the available resources. We do this by first deriving an accurate estimate of application resource needs by profiling applications on dedicated nodes, and then using these profiles to guide the placement of application components onto shared nodes. By overbooking cluster resources in a controlled fashion, our platform can provide performance guarantees to applications even when overbooked, and combine these techniques with commonly used QoS resource allocation mechanisms to provide application isolation and performance guarantees at run-time.
The US Department of Justice (DOJ) recently joined a federal qui tam lawsuit1 brought against a private equity firm that specializes in health care pharmacies. Notably, the case also charges individual partners of the private equity firm, Riordan, Lewis & Haden, Inc. (RLH) based in Los Angeles2. They are charged with violations of the federal Anti-Kickback Statute (AKS) and the federal False Claims Act (FCA) in connection with their management of Diabetic Care Rx/Patient Care America (PCA), a compounding pharmacy. The case involves reimbursements from TRICARE, the health care program for the military and their families.
California law requires that contractors obtain the proper license before work can be performed on any project. (See Business & Professions Code § 7026.) Moreover, where a contractor files a lawsuit to recover monies owed for work performed, that contractor must plead and prove it was licensed at all times that the work was performed. (See Business & Professions Code § 7031.) The penalty for failure to maintain your license is severe. If you are unable to prove that you were licensed at all times, you are barred from recovering monies on any grounds, whether it be for breach of contract, fraud, or reasonable value of the services performed. (See Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d. 988.) But what happens if a contractor is licensed for most of the time that the work is performed and inadvertently allows his license to lapse for a period during the construction of a project? This article will discuss this issue.
Implementing a mission critical computer system has a significant impact upon a business organization. Successfully completing the process can be complicated and frustrating; as a result, it doesn't take a lot for the implementation to fail. Once an implementation fails, there is always enough blame to go around. The problem is that the business organization that undertook the implementation in the first place is stuck – stuck with the time, money and the inconvenience of not having the system they purchased. The company has not only left without the new system, they are back to using the systems that they originally thought sufficiently inadequate that they committed to spending the time and money for a new system. Successful litigation will help – but will not make them whole. But worse, a failed litigation only compounds the problem. Preparing the strategy for litigating a failed implementation takes time and thought. This article will take the reader through the development and implement of a litigation strategy that worked and discuss why it worked.