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23 Mar 2009, 11:57 am
Seeing as I'm not in a good mood, I'll keep it short. [read post]
15 Aug 2018, 5:44 am by HANNAH WILCE
The two key cases are Province of Bombay v Municipal Corporation of the City of Bombay [1947] AC 58 and Lord Advocate v Dumbarton District Council [1990] 2 AC 580. [read post]
7 Jul 2016, 6:46 am by MBettman
The informant is entitled to an absolute privilege against civil liability for statements made which bear some reasonable relation to the activity reported”. ) Mouse v. [read post]
4 Mar 2010, 10:58 am by Beck, et al.
For a general discussion of why it’s not a good thing to hold drug/device manufacturers liable for not warning of risks that were unknown or undiscovered at the time of use, see here.In that post we included one of our 50-state surveys of the states that had adopted that state of the art defense in drug/device cases. [read post]
As the Second Circuit quoting Inwood stated, “plaintiffs bear a high burden in establishing ‘knowledge’ of contributory infringement, and that courts have “been reluctant to extend contributory trademark liability to defendants where there is some uncertainty as to the extent or the nature of the infringement. [read post]
17 Apr 2018, 8:09 am by Phil Dixon
North Carolina adopted Whren under the state constitution in State v. [read post]
31 Mar 2021, 9:27 pm by David Kopel
State of Hawaii complements the Circuit's en banc from five years earlier, Peruta v. [read post]
26 Sep 2017, 1:09 am by Jani Ihalainen
Should there be enough evidence to potentially prove exhaustion; the original proprietor has to prove that they have no agreement in place, or collaboration, with the importer on unitary control, which exhausts their rights.In short, the AG set out his opinion on the questions asked: "… Article 36 TFEU and Article 7(1) of [the] Directive… preclude the licensee of the proprietor of a national trade mark from invoking the exclusive rights enjoyed by the latter under the law of the… [read post]
26 Nov 2019, 1:12 pm
Justice Kruger writes a pretty good introduction to this opinion, which overrules precedent and explains why. [read post]
9 Jul 2008, 11:58 pm
The Court accepts the federal version of this argument even when the conditions bear only the most attenuated relationship to the expenditure of federal money -- indeed, even when the conditions primarily affect how the states spend their own revenue, as the Court held in Sabri v. [read post]