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28 Jul 10:35 pm
The Associated Press is reporting that a Los Angeles jury has awarded a $370 million verdict, including $25 million in punitive damages, in a defamation lawsuit against Georges
Marciano, co-founder of Guess, Inc. The plaintiffs in the action are five former employees of Marciano. He sued them in 2007, accusing them of stealing from him. His
claims were dismissed, but the ex-employees counter-claimed for defamation.
29 Jul 3:22 pm
... ABA Journal, and Metropolitian News Daily are all reporting: A Los Angeles Superior Court jury yesterday awarded nearly $370 million in damages against Guess? Inc.
co-founder Georges Marciano for claims of defamation and intentional infliction of emotional distress by several former employees, attorneys involved in the matter have announced.
Lancaster attorney R. Rex Parris, who represented two of the employees, called ...
23 Oct 4:12 pm
... discussed both the enablement and utility requirements: "The utility requirement prevents mere ideas from being patented. As we noted in Genentech, Inc. v. Novo Nordisk A/S,
108 F.3d 1361, 1366 (Fed. Cir. 1997), 'patent protection ... under §112, applicants could obtain patent rights to "inventions" consisting of little more than respectable guesses
as to the likelihood of their success. When one of the guesses later proved true, the "inventor" would be rewarded the spoils instead of the party who ...
2 Mar 9:08 pm
Cal Labor Law nicely summarizes Budrow v. Dave & Buster's of California, Inc. This case overrules the DLSE and an older 2nd District case (or at least the DLSE interpretation
of it) forbidding tip pooling for employees who ... The Court of Appeal refused judicial notice of the DLSE's interpretations manual. Ouch. Until this is approved by the Supreme Court,
I'd guess that we will see a split of authority eventually, but until this, California rules of stare decisis control in all of the state's ...
21 Nov, 2008 7:59 pm
... of any shareholder than the ability to sell his property? In A.W. Chesterton Co., Inc. v. Chesterton, 128 F.3d 1 (1st Cir. 1997), the First ... under the Massachusetts rule,
the court struggled with the notion that other shareholders could second-guess or limit the ability of a minority shareholder to vote. The court ultimately held that, even though
... his vote against the merger. Nevertheless, the facts presented in A.W. Chesterton Co., Inc. v. Chesterton, 128 F.3d 1 (1st Cir. 1997), are extremely ...
12 Feb, 2008 10:19 am
... from China, it's not that Chinese suppliers are inept. It's that companies need to invest the time and money to secure the integrity of their supply chains, no matter where their
suppliers are. and guess what. they published this in the February 2008 edition! Anyway, Inc. is one of my favorite resources for all things business, and I encourage you
all to pick up a copy as there are some really interesting ...
29 May 4:00 am
... with its goods, that does not make the term a source identifier. In re Public Safety Health Systems, Inc., Serial No. 77204264 (May 12, 2009) [not precedential]. Applicant
contended that the mark PUBLIC SAFETY HEALTH ... in a vacuum." The question whether a mark is merely descriptive is not determined by asking whether one can guess from the mark
what the goods are, but rather by asking, when the mark is seen on or in connection with the goods, whether it immediately conveys information about their ...
29 May 1:09 pm
... "primacy of contract" as a measure of fair value. The Chancellor found that the fair value of Metromedia International Group, Inc.'s ("MIG") preferred shares on the merger
date was $38.92 for each share. The petitioners had sought a ... to its liking. If MIG drafted a contract that allowed for slight doubledipping, then that is the deal it struck. I will
not second guess the plain meaning of the contract simply because one party complains it yields a slightly more favorable result for stockholders. ...
19 Sep, 2008 6:19 am
... discovery of information about putative class members. In Lee, et al. v. Dynamex, Inc., et al., the Court of Appeal tied all of the threads eminating from Pioneer together
and ... directly conflicts with the Supreme Court's subsequent decision in Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360 (Pioneer), as well ... drawing
the last panel they would have wanted to review this appeal. I'd guess that Appellate Justices don't take kindly to trial court decisions that essentially ...
9 Aug 10:17 pm
... know which company slaughtered the cow and ground the meat? Would we know that the meat came from Beef Packers Inc. (a.k.a. Cargill), or would we only know the store we
bought the meat from? My guess it would be the store only. So, why do we not yet know ... what stores sold the tainted beef. California Department of Health, however, has
announced that some of the meat was sold at Safeway Inc. and Sam's Club. So, why the silence from FSIS and Beef Packers Inc. (a.k.a. ...
1 Feb 6:20 am
... been talking trash as well as debating the issues of whether the President of Agape World Inc. was able to run an alleged "Ponzi scheme" by himself or if others knew what he
... he held in December '08.) Finally, belief in the company hit a pinnacle when Entrepreneur Inc. named the company one of the Top 100 Up and Coming Businesses. Imagine ... and
other websites to respond to some of the things I have seen written there. I guess I have a different way of practicing law than most people do. I think ...
6 May, 2007 7:27 am
... judges seem reluctant to estimate claims, at least expressly under section 502(c). Its sort of like getting a doctor to guess out loud. In fact, up until very recently, the
BAP's decision in In re Audre, Inc., 216 B.R. 19 (Bankr. App. 9th Cir. ... a fact not mentioned in the Ninth Circuit's opinion. See, Sherman v. Harbin, 2004 WL 1843288 (2004).
Guess that's why the Ninth Circuit appeal wasn't moot. The problem with Harbin, at least in cases not involving ...
31 Mar, 2008 2:40 pm
... until "they" came along. According to them pretty much everyone is a pedophile or "pro pedophile". I guess they never bothered to look up the definition. Calling me that is
like trying to put a ... of them. Their impending legal doom is only just beginning. INFO ON PERVERTED JUSTICE FOUNDATION INC. TAKEN FROM IRS 2006 TAX EXEMPT FORM 990: Tax Exempt
ID# 16-1775449 Perverted Justice Foundation Inc. 703 Pier Ave B154 Hermosa Beach, CA 90254 (Map) President Xavier Von Erck 703 Pier Ave B154 Hermosa ...
16 Jan, 2008 12:04 pm
... the field: Tom Kane. Tom, a former practicing attorney with 17 years marketing experience, currently runs Kane Consulting Inc. and publishes the Legal Marketing Blog. He is
also the author of Letters for Lawyers: Essential Communications for Clients, Prospects, and Others. ... I went to 3 per week, and then two per week, which I think is enough after three
years of blogging. I guess I have nearly 600 entries - mostly marketing tips - at this point, and I feel really good about that. 5. Rob La Gatta ...
21 Aug, 2008 5:07 pm
More bills, bills, bills in the bankruptcy, but it's winding down. But SCO is winding up. Guess where Me Inc Software, the subsidiary, is located? In Utah, or Delaware, or
anyplace that the US bankruptcy court in Delaware or the creditors can get at the profits ... have described as an anticipated "river of revenue"? Nay, m'lords. In Hong Kong. We learn
from the bills that there is a Me Inc Software foreign subsidiary now in China, filing profits tax forms. So, what do you think? Can Novell get its ...
12 Dec, 2008 2:13 pm
... way to get the job done. The case, from the 9th Circuit, is United States v. AMC Entertainment, Inc., (December 5, 2008) ___Fed.3d. ___No. 06-55390. More after the jump. In
... Ninth Circuit, the District Court granted the motion in United States v. AMC Entm't, Inc. (C.D. Cal. 2002) 232 F. Supp. 1092. Thereafter, the Ninth Circuit adopted the
"comparable viewing angles" position in Oregon Paralyzed Veterans of Am. v. Regal Cinemas, Inc. (9th Cir. 2003) 339 F.3d 1126, 1133. With me so far? OK, so ...
13 Dec, 2008 10:27 am
... Crocs is reported to be adding a warning tag next year to its shoes. I wonder what that warning will state. Here let me venture a guess. "WARNING! 200 KIDS WHO WORE THESE
UGLY PLASTIC SHOES WHILE BEING ON ESCALATORS GOT THEIR TOES SMASHED! OOPS! WE SUGGEST PARENTS ... provide them I'd appreciate it. If you'd like to read the complaint (lawsuit papers)
follow the link to Pregliasco vs. Crocs, Inc., Case No. 3:08 - CV - 349, U.S. District Court, Western District of Kentucky, Louisville Division. For ...
26 Jun, 2008 6:49 pm
... of the word 'is' is." A line that was -- perhaps entirely justifiably -- roundly mocked as laughably absurd. And, yet, guess what the entire dispute in this case -- which
lasts for 45 single-spaced pages -- surrounds? You guessed it. What the meaning of the word "is" is. It's an awesome dispute, especially given this historical context.
Particularly since there's both a majority and dissenting opinion -- in other words, the dispute is actually a darn ...
15 Aug, 2006 4:51 am
... on the Internet," finding the term to be generic and therefore incapable of functioning as a service mark for the recited services. In re Rodale Inc., 80 USPQ2d 1696 (TTAB
2006). Examining Attorney Mrs. A.D. Saunders relied on a page from Applicant Rodale's ... binding on us, and we must decide each case based on the evidence presented in the record
before us. In re Nett Designs Inc. 57 USPQ2d 164 (Fed. Cir. 2001)." The Board therefore affirmed the refusal to register. Text Copyright John L. Welch ...
9 May, 2007 9:09 am
In 2005, the Washington County board agreed to pay $4 million dollars to Cabela's Inc., in exchange for Cabela's building a store in Richfield. If you don't know anything about
Cabela's… it's the worlds largest direct marketer of outdoor gear. They plan their stores very carefully, and they are a destination for many. Historically, the areas with Cabela's have
had a total boom in other development. So it is really desirable to have one of their stores because it spurs development and increases ...
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