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22 Jan, 2007 9:53 am
... to direct business from the trademark holder to the domain name holder." DaimlerChrysler v. The Net, Inc., 388 F.3d 201, 203 (6th Cir.2004), citing Sport's ... sort of grudge
against former agents and it is costing me money! It's hard enough to find your clients the perfect home without having your own ... and
Landscaping, Inc. The Sixth Circuit held that Defendant did not act with a bad faith intent to profit for purposes of the ACPA. Important to the analysis was the fact that
Defendant registered ...
7 Jun, 2007 5:38 pm
... the mirror images, and sought the court's assistance. Calyon contended that because the hard drives contained evidence of the Individual
Defendants' removal of proprietary information, its forensic expert should ... a few cases with similar facts had addressed whether the imaging and inspection of hard drives was justified. These cases included Ameriwood Industries, Inc. v. Liberman, 2006 ... , 2007 WL 442387 (E.D. Pa. Jan. 31, 2007); Frees,
Inc. v. McMillian, 2007 WL 184889 (W.D. La. Jan. 22, 2007); ...
1 Feb 6:20 am
... his books to himself. No one has come forward with a single shred of hard evidence that VPs or sub-brokers knew of, or saw, anything awry.
All I have ... salesmen "Had to know". While it is a reasonable suspicion it is by far not proof. When it is held to the facts as we know them, it is no longer a reasonable
suspicion. I understand that this business had ... , and other parties that you helped make possible through Agape World Inc. These employees have families and homes, They had
savings accounts ...
24 Apr, 2008 6:00 am
... the settlement reached in this case may be classified as a variant of the coupon settlement, it does not in fact share all of the attributes of the category. In a pure coupon
settlement, the class members would ... 135 Cal.App.4th at pp. 711-713; Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 247; Dunk, supra, 48 ... damages allegedly
caused by Netflix's allocation and delivery policies were hardly unlimited either, and plaintiffs would have encountered considerable difficulties in trying ...
12 Oct 3:06 pm
... straight and narrow with their latest opinion, Nazir v. United Airlines, Inc. (October 9, 2009). Since complex litigation is in the eye of the beholder, I say that monstrous
... court to hone in on the truly disputed facts." (Collins v. Hertz Corp. (2006) 144 Cal.App.4th 64, 74.) That hardly describes defendants' separate statement ... cite
evidence out of context in an effort to conceal a clearly triable issue of material fact," going on to cite two recent examples in that judge's court, one in a sexual ...
16 Sep 4:47 pm
... insufficient and inconsistent with the agreement. He claimed it was not possible to determine 'whether someone who purchased a Seagate Hard
Drive ('Drive') from a retailer that is not a Seagate authorized retailer, but that retailer purchased the Drive from an ... it to determine whether they are members of the class
plaintiff wishes to represent. Slip op., at 12. Applied to the facts of the case before it, the Court of Appeal said: We have no disagreement with the parties' objective and no
quarrel ...
5 Dec, 2008 8:29 am
... the written agreement. What is interesting about this case is that the Court of Appeals' analysis pays absolutely no attention to the fact that the defendant, as an officer
and director, was subject to fiduciary duties to the corporations with respect to the negotiation and ... had changed his mind about the intent of the agreement. Such an assumption by
the defendant, however, could hardly be reasonable without full, explicit disclosure of the change or some form of communication of approval of ...
25 Mar 6:00 am
... banc Ninth Circuit panel heard oral argument in Dukes v. Wal-Mart, Inc., nos. 04-16688 & 04-16720. Theodore Boutrous of Gibson Dunn & ... room was poor and the system
of microphones was not working very well. It was sometimes hard to hear. It was also not always immediately apparent which judge was speaking.
The following ... discrimination). Seligman said they would because it will be relevant to punitive damages and in fact the trial court would be bound by the jury's finding.
Judge Graber asked ...
20 Oct 3:41 am
... to expect when you call Jackson & Wilson, Inc. Something recently happened that really bothered us. After we had a chance to get to know several new ... not aware of is
the number of complicated things that need to be done right after an accident or incident. In fact, about 73 important steps should be reviewed and analyzed right away! By the
way, ... service we provide our clients. Read the independent client testimonials and hard fought case results we've achieved over the years.
It's important ...
11 Nov 1:54 pm
... providing a private remedy under the Lanham Act. (The court also noted that without competition, it would be very hard, if not impossible,
to show that the statements at issue were "advertising" given the generally accepted judicial test for ... courts examine "(1) whether the general tenor of the entire work negates the
impression that the defendant [is] asserting an objective fact, (2) whether the defendant used figurative or hyperbolic language that negates that impression, and (3) whether the
...
14 Nov, 2007 7:57 pm
... to the Suprem e Cour t of Ke ntucky BRIEF OF ANESTHESIA AWARENESS CAMPAIGN, INC. AS AMICUS CURIAE IN SUPPOR T OF N EITH ER PARTY Richard M. Wyner ... B. Bonke, & J.
Oosting, Awareness and Recall During General Anesthesia: Facts and Feelings, 79 Anesthesiology 454 (1993) .................................... 7 Richard J. Pollard et ... was
awake, aware, paralyzed, utterly terrified, unable to do anything about it no matter how hard I tried, and I wished I could die. I remember
thinking, "Take me now, ...
5 Jun, 2008 6:55 pm
... reformatting the drives, plaintiff did not produce any saved back-up files of the information that was on the hard drives prior to the
reformatting/reinstallation. Thus, defendant claimed it was severely prejudiced based on plaintiff's willful ... and the jury would weigh the evidence and determine the credibility of
the witnesses. The court concluded that, under these facts, it appeared the evidence that defendant's forensic computer expert retrieved, together with the timing of plaintiff's
conduct ...
20 Apr 3:00 am
Hey, that's MY hard drive! Photo credit: doortoriver via flickr Trade Secret Protection Efforts Land Company in Losing Lawsuit Earlier this
month, after a ... wife in 2003. In 2002, Trealoff's former employer, Forest River, Inc., removed the hard drive from Trealoff's
personal computer, alleging that Trealoff was preparing to make ... software he created in his spare time. The news article's reference to the fact this software was created in
Trealoff's spare time suggests perhaps the lawsuit included a ...
26 Apr 8:00 pm
... There's only one teensy problem with Byrne's assertion that the alleged naked short selling demonstrated on the chart made the stock price fall…. The fact that during the
times when there's lots of dark blue on the chart, the company's stock price is higher than the months before or after that ... current activity. FDA approval of Provenge is looking
more promising. And Dendreon's stock price has shot way up again. Amazing how these things work, isn't it? ©2009Sequence Inc. All Rights Reserved. .
1 Jul 2:09 pm
... California Court of Appeal's recent decision in FLIR Systems, Inc. v. Parrish, 2d Civil No. B209964, 2009 WL 1653103 (Cal. App. 2d ... and the download was not a threatened
misappropriation because there was no evidence that the contents of the hard drive, "if such contents existed, were improperly accessed, used,
or copied ... bothered that defendants planned to compete with FLIR in the future. The Court also found significant the fact that another FLIR officer had voted to file the
lawsuit but had no ...
14 Aug, 2007 10:38 am
... tension between notice pleading standards on the one hand, and, on the other hand, the tenet that one must plead "ultimate facts" rather than conclusions of law - the latter
of which need not be accepted by the court. See, e.g., Associated Builders, Inc. v. Ala. Power Co., 505 F.2d 97, 100 (5th Cir.1974) ("Conclusory allegations and unwarranted
deductions of fact are not admitted as true…."); Robinson v. Jewish Ctr. Towers, Inc., 993 F.Supp. 1475, 1476 (M.D.Fla.1998) ("[T ...
18 Jun, 2008 1:48 pm
... a difficult divorce and people are claiming that his resignation has a connection to Spitzer's prostitution scandal. This was rather hard
to believe, and impossible to confirm, so I set out to find out if those rumors had surfaced outside ... complete erosion of trust in senior management. So in that context these
allegations inside Pfizer are informative. And the fact that the legal department is in this situation is even more noteworthy, considering that Pfizer CEO Jeff Kindler is the
ex-general ...
20 Mar 12:47 pm
... . We chalked this up to the media having no idea of what it takes to "fall" from a cruise ship. In fact, the reason why someone falls is hardly ever an accident and
rarely (if ever) the fault of cruise ship design. You have ... only self-contained environments where they can study an outbreak of Norovirus and learn something about it. Cruise
Industry Revelations from Cruise Inc. Did Peter himself come away with any enlightening revelations about the cruise industry? "My revelations are probably the ...
10 Apr, 2007 6:00 am
I had some more time to read Walsh v. IKON Office Solutions, Inc., ___ Cal.App.4th ___ (Mar. 1, 2007), and my original impression ... cannot say it would be irrational for a
court to conclude that, tried on plaintiffs' theory, questions of law or fact common to the class predominate over the questions affecting the individual members." (Sav-On,
supra, 34 ... On, we affirm the trial court's order. Slip op. at 17. It's hard to get more deferential than whether the trial judge's action
was "irrational." My ...
23 Feb, 2008 5:15 am
In Fogel v. U.S. Energy Systems Inc., No. 3271-CC, 2008 WL 151857 (Del. Ch. Dec. 13, 2007 ) the Delaware Chancery Court decided ... been properly dismissed, thereby depriving him
of the authority to call the special meeting. Ignoring the fact that the meeting had been noticed and that all of the directors were present, the court concluded ... meeting and
"all acts done at such a meeting are void." Although there is no "hard and fast legal rule that directors be given advance notice of all
matters to ...
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