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15 Dec 2006, 3:18 pm
Given the absence of a grandparent visitation claim, Janet lacks standing to challenge the constitutionality of § 43-1802(1)(c) in this case. [read post]
30 Apr 2019, 7:04 am by Rebecca Tushnet
” Finally, citing Belmora, “the plain language of § 43(a) does not require that a plaintiff possess ... a trademark in U.S. commerce as an element of the cause of action,” which is true but not super responsive to the argument that the person who does own the trademark would be the proper plaintiff in a 43(a)(1)(B) case. [read post]
18 Aug 2020, 1:23 pm by Christopher G. Hill
Related Musings:Starting July 1, 2020 General Contractors are…Some Good News Coming July 1, 2020 for Construction…A Few More 2020 Bills "Crossing Over" in the General…Impactful Construction Legislation Enacted for 2020Construction Legislation Likely to Take Effect July 1, 2020 [read post]
11 Feb 2013, 3:22 pm
The Ninth Circuit's ruling is notable because it clarifies that: (1) The need for new ancillary permits for an already-approved federal project -- even after being idle for seventeen years -- does not create a "major Federal action" requiring supplemental environmental analysis under the National Environmental Policy Act (NEPA); (2) A mine may be idle for extended periods of time if the mine is maintained in accordance with an interim management plan set forth in a plan… [read post]
27 Oct 2014, 7:47 am by Rebecca Tushnet
  Courts have also (wrongly) held that false claims of authorship can’t be false advertising under §43(a)(1)(B), and the court here joined them—misrepresenting authorship isn’t misrepresenting “nature, characteristics, or qualities” covered by §43(a)(1)(B). [read post]
17 Nov 2011, 9:46 am
" The dancing... well, if you can't hang around for the mercifully singing-free James-Bond inspired segment that begins at 2:43, at least check out the action at 1:28. [read post]
17 Jan 2010, 12:08 pm
On January 11, 2010, the Canada Border Services Agency (CBSA) released its 2010 Tariff Amendments (T2010-1), which affects Chapters 1, 2, 4, 6, 15, 16, 17, 19, 21, 22, 38, 40, 42, 43, 56, 59, 64, 65, 68, 70, 89, 94, & 96. [read post]
4 Jun 2017, 1:01 pm
Thibodeau’s husband the will.In applying section 43 (4), Mr. [read post]
8 Jun 2015, 6:11 am by Christopher G. Hill
  Does a pay if paid clause “diminish” a right to assert a lien or payment bond claim? [read post]
6 Oct 2011, 3:09 am by Matrix Legal Information Team
In Cadder v HM Advocate [2010] UKSC 43, the Supreme Court held that the Crown’s reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee at a police station was a violation of his rights under ECHR, arts 6(1), (3)(c). [read post]
6 Oct 2011, 3:09 am by Matrix Legal Information Team
In Cadder v HM Advocate [2010] UKSC 43, the Supreme Court held that the Crown’s reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee at a police station was a violation of his rights under ECHR, arts 6(1), (3)(c). [read post]
13 Jan 2013, 5:01 pm by oliver randl
NB: Not long ago, T 830/08 found another allowable exception to R 43(6).Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
22 Jan 2015, 2:00 am by Adrian Miedema
  Because of subs. 43(1) of the WSIA, the WSIB cut off his loss of earnings benefits two years after the date of the injury, when he was 65 years old. [read post]