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5 Feb 2024, 10:06 am by Kevin LaCroix
The insurer denied coverage on grounds that the search warrant did not constitute a “claim,” which was defined to include: (a)     a written demand or written request for monetary damages or non-monetary relief; (b)    a written demand for arbitration; (c)     a civil proceeding commenced by the service of a complaint or similar pleading; or (d)    a formal civil administrative or civil… [read post]
5 Feb 2024, 9:11 am by Marcel Pemsel
Depending on this assessment, either Art. 9(2)(a) EUTMR or Art. 9(2)(b) EUTMR may apply (in addition to Art. 9(2)(c) EUTMR). [read post]
3 Feb 2024, 4:54 pm by Rebecca Tushnet
” But this is smoke and mirrors: they claim rights b/c it’s authentic and it’s authentic b/c they claim rights. [read post]
3 Feb 2024, 2:59 pm by Rebecca Tushnet
Harry Potter Lexicon: “Perhaps b/c [D] is such a Harry Potter enthusiast, the Lexicon often lacks restraint in using Rowling’s original expression” Salinger v. [read post]
3 Feb 2024, 10:59 am by Rebecca Tushnet
There’s also resonance with the defense of overreaching C&D letters—“we have to protect our trademark! [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Traditional narratives about goodwill are flawed b/c they don’t go back before the 19th century. [read post]
2 Feb 2024, 10:32 am by Second Circuit Civil Rights Blog
A rational juror could easily view the shout as an attempt to avert a possible accident by (a) a vehicle without lights, (b) whose driver appeared not to know he was driving without lights, (c) who had just had to stop for two pedestrians in his path attempting to cross the street, and (d) who even after that abrupt stop, resumed driving without headlights--and thus could easily view the shout as eminently reasonable. [read post]
1 Feb 2024, 10:46 am by CFM Admin
   Regulation D – the manager will need to determine whether to utilize Section 506(b) or Section 506(c). [read post]
31 Jan 2024, 1:42 pm by John T. Wolak and William C. Martinez
Among the rights granted to New Jersey consumers by S332 are rights to: confirm processing and access to personal data by a controller (which is “an individual, or legal entity that, alone or jointly with others determines the purpose and means for processing personal data”) correct inaccuracies delete personal data obtain a copy of personal data in a portable and readily usable format opt out of processing for purposes of: (a) targeted advertising; (b) the sale of personal… [read post]
31 Jan 2024, 1:42 pm by John T. Wolak and William C. Martinez
Among the rights granted to New Jersey consumers by S332 are rights to: confirm processing and access to personal data by a controller (which is “an individual, or legal entity that, alone or jointly with others determines the purpose and means for processing personal data”) correct inaccuracies delete personal data obtain a copy of personal data in a portable and readily usable format opt out of processing for purposes of: (a) targeted advertising; (b) the sale of personal… [read post]