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17 Jun 2024, 1:38 pm by H&A Newscaster
  The Court then rejected the defendants’ de minimis argument that using only half of one photograph, the half that focused on the model’s face, constituted de minimis use because use of the model’s face was the “heart” of the photograph and “[a] de minimis defense does not apply where the qualitative value of the copying is material. [read post]
It is a violation if a covered person does either of the following: Advertises a rate for the lodging, which does not include all mandatory fees, except taxes and government charges. [read post]
17 Jun 2024, 11:36 am by Jonathan Hafetz
But that does not mean the prosecution was improper or shouldn’t have been brought. [read post]
17 Jun 2024, 11:25 am by Eugene Volokh
" In the case at bar, defendant states that she does not object to the public filing of "medical or investigatory records pertaining to Michael Carey's death," but she contends that "numerous documents" that plaintiffs seek to use "have no possible relevance to the motion for summary judgment. [read post]
17 Jun 2024, 10:33 am by Eugene Volokh
Clark, which allows plaintiffs' challenge to a Vermont regulation to go forward (denying defendants' motion to dismiss): Plaintiffs challenge [a] provision[] in Vermont Senate Bill No. 37 …. [read post]
17 Jun 2024, 9:54 am by Rebecca Tushnet
And, trademark-specific question, does that mean that trademark infringement claims are also not worrisome, or does the difference between denying the benefits of registration and the full suppression/punishment of infringement (and sign ordinances) matter? [read post]
17 Jun 2024, 9:22 am by GR0
How Does Res Ipsa Loquitur Apply In Personal Injury Cases? [read post]
17 Jun 2024, 7:57 am by Professor Alberto Bernabe
"  The court imposed a sanction on defendants and their counsel for accessing and downloading the folders from Dropbox.The order was affirmed in an order (available here) that is about seven sentences long. [read post]
17 Jun 2024, 6:45 am by Sophie Richardson
Nor does she address the sanctions imposed by the Chinese government on other countries’ government officials, parliamentarians, academics, or activists, even though they are precisely the types of sanctions she decries. [read post]
17 Jun 2024, 6:29 am by jordan
The lawyer does not give you direct answers when you ask them straight questions; they seem nontransparent and evasive. [read post]
17 Jun 2024, 5:00 am by Written on behalf of Peter McSherry
Under this test, the court must determine: Does the evidence establish the employee’s deceitful conduct, on the balance of probabilities? [read post]
17 Jun 2024, 5:00 am by Written on behalf of Peter McSherry
Under this test, the court must determine: Does the evidence establish the employee’s deceitful conduct, on the balance of probabilities? [read post]
17 Jun 2024, 4:31 am by Russell Knight
To state a cause of action based on a theory of unjust enrichment, a plaintiff must allege that the defendant has unjustly retained a benefit to the plaintiff’s detriment, and that defendant’s retention of the benefit violates the fundamental principles of justice, equity, and good conscience. [read post]
17 Jun 2024, 3:37 am by Peter J. Sluka
  And even when an interesting business divorce issue does make its way up to Albany, it’s even more rare to see the Court of Appeals, in a case of first impression, fashion a new framework for addressing a complex question. [read post]
16 Jun 2024, 10:59 pm by Marcel Pemsel
But it can also help defend against earlier rights, as a recent decision from the General Court shows (case T-79/23). [read post]