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25 Mar 2024, 7:00 am
Thus, the required warnings would be factual if they were comprised of “only (a) information supported by facts and (b) conclusions driven by those facts, and (2) not akin to unfalsifiable statements of opinion. [read post]
24 Mar 2024, 8:50 am
In this case, the Swedish company sold Tissot watches directly to the customer, the customer could decide to have the watch customized whereby the Swedish company customized the watch according to a number of different concepts and delivered the finished watch to the customer (that is akin to the second scenario in the Swiss litigation above).The Swedish court did not accept the defendant’s argument that its customization work constituted an extension or part of the customer’s… [read post]
17 Mar 2024, 9:26 am
Călinescu [IPKat here].Who owns the copyright(s) to the image(s)? [read post]
22 Feb 2024, 2:04 pm
[The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship. [read post]
21 Feb 2024, 11:04 pm
The CJEU was adamant that that would be the case in decisions like Funke Medien, C-469/17 and Spiegel Online, C-516/17. [read post]
21 Feb 2024, 1:56 pm
(All adjudicators except Madam Justice Côté applied a reasonableness standard; Côté J. concurred in the result, but would have applied a correctness standard.) [read post]
13 Feb 2024, 2:12 pm
Highlighting the similarities, the court pointed out that the Grünbaum heirs were already cognizant of their claim, akin to the circumstances in Bakalar v. [read post]
12 Feb 2024, 9:41 am
§ 357(c). [read post]
12 Feb 2024, 5:21 am
" For us, that is largely a "dignitary" harm, an injury to our "person-hood," akin to the harms underlying the torts of libel, or invasion of privacy, or intentional infliction of emotional distress, entirely independent of whether or not we have suffered any economic loss. [read post]
1 Feb 2024, 10:46 am
The total process is more akin to launching an existing private investment fund rather than foregoing the current fund formation and record-keeping process. [read post]
31 Jan 2024, 10:30 pm
Importantly, these do not include the strict indispensability test akin to that found in Bronner which requires that rivals have no alternatives to the input of the dominant firm. [read post]
27 Jan 2024, 2:29 pm
Pix Credit hereEven though I do not find it plausible that the military operation is being conducted withgenocidal intent, I voted in favour of the measures indicated by the Court. [read post]
25 Jan 2024, 6:32 am
Second, the presumption is triggered when the merged firm’s market share is (c) greater than 30% and (d) the change in HHI is greater than 100. [read post]
24 Jan 2024, 5:07 am
Alternatively, the defense should make a record that discovery was not provided to preserve the argument that the cross at the probable cause hearing was akin to shooting in the dark. [read post]
15 Jan 2024, 10:30 pm
Notably, transport services lie beyond the realm of EU internal market law (see Case C-434/14 Elite Taxi and Article 2(2)(d) of the Services Directive). [read post]
2 Jan 2024, 2:13 am
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2023. [read post]
23 Dec 2023, 4:00 am
Jonathan Turley is the J.B. and Maurice C. [read post]
22 Dec 2023, 1:40 am
On appeal, the Court of Appeal upheld the High Court’s decision, finding as follows on the facts as regards the two-stage test for vicarious liability: Stage 1: was the relationship akin to employment? [read post]
21 Dec 2023, 7:51 am
The parents may technically have lost this appeal, but with their dismissal comes something akin to the relief they sought: a recognition that their advocacy–at least as described in the complaint–was lawful. [read post]
5 Dec 2023, 9:01 pm
The court said that in deciding between venues, the SEC exercised unguided legislative power, rejecting the SEC’s much more sensible view that such judgments are executive in nature—akin to any other exercise of prosecutorial discretion, including whether to bring an enforcement action at all.It is possible, even likely, that the Roberts Court will revive and strengthen the nondelegation doctrine. [read post]
