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9 Jan 2024, 10:10 am by Sherica Celine
Rule 9019 Motion to Approve Settlement Start with this template when filing a motion to approve a settlement agreement in bankruptcy court. [read post]
5 Jan 2024, 3:33 am
The Board construed the response to the summary judgment motion as a “cross-motion to amend the registrations due to a correctable owner’s mistake. [read post]
4 Jan 2024, 1:08 pm by Dennis Crouch
Ultimately, the Opinion urges attorneys to cite source materials where feasible, while concluding that the Rules of Professional Conduct do not necessarily require attribution. [read post]
2 Jan 2024, 12:56 pm by Kevin LaCroix
The directors’ and officers’ liability environment is always changing, but 2023 was a particularly eventful year, with important consequences for the D&O insurance marketplace. [read post]
2 Jan 2024, 10:01 am by Robin E. Kobayashi
There was no evidence presented that the employees ever disposed of trash or other materials by setting fire to them [see Bassett v. [read post]
18 Dec 2023, 10:00 pm by Sherica Celine
Motion Practice Review this practice note for a discussion of the general practices for preparing and filing motions in bankruptcy cases. [read post]
18 Dec 2023, 11:32 am by Dennis Crouch
“In their Motion, Defendants stated ‘service of process by mail is not allowed in . . . the Hong Kong SAR. [read post]
13 Dec 2023, 7:47 am by Joel R. Brandes
A motion is not the proper vehicle for challenging a separation agreement incorporated but not merged into a judgment of divorce. [read post]
11 Dec 2023, 9:01 pm by renholding
  All three defendants filed separate motions to dismiss, and DeviantArt filed a separate anti-SLAPP motion to strike the right of publicity claims, in which both Midjourney and Stability AI joined. [read post]
11 Dec 2023, 11:44 am by Dennis Crouch
., so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose. [read post]
6 Dec 2023, 12:40 pm by Eugene Volokh
Although actual malice is frequently an element discussed in the context of public-figure defamation claims, The Times does not assert the public-figure status of Spears in this motion, which is based solely on the pleadings and materials properly incorporated therein (like the Challenged Report). [read post]
29 Nov 2023, 7:55 am
’ -- Massimo Leone, University of Turin, Italy The Table of Contents (with links to some of the open access materials), along with the text (also open access) of Anne Wagner and Sarah Marusek's brillant "Introduction" follows below. [read post]
23 Nov 2023, 7:04 am by Russell Knight
Because plaintiff has alleged broken promises by the defendant rather than material misstatements of fact, we find the original complaint failed to allege material misrepresentation of preexisting or present facts. [read post]
22 Nov 2023, 10:51 am by Edward T. Kang
With the new amendment to Federal Rule of Evidence 702 coming into effect, litigators should take note of changes and incorporate them into their decision-making regarding expert testimony. [read post]
21 Nov 2023, 2:43 pm by Eugene Volokh
Hill (1967) … false light invasion of privacy claims incorporate the same First Amendment protections as claims for defamation under state law. [read post]
20 Nov 2023, 9:01 pm by renholding
., loss of principal).2 SIPA largely incorporates the Bankruptcy Code and allows the SIPA trustee to recover property transferred by the debtor that would have been customer property if and to the extent that the transfer would have been voidable or void under the Bankruptcy Code.3 Irving H. [read post]
13 Nov 2023, 4:07 am by Peter Mahler
What follows is adapted from the handout material I prepared for the Commercial Division judges. [read post]
12 Nov 2023, 2:35 am by centerforartlaw
First, the works in question––here, the paintings––must have been copyrightable material. [read post]