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30 Mar 2021, 5:20 am
Copyright Lately's Aaron Moss has a similar reaction to mine re the Second Circuit's Warhol decision:"The clear import of Goldsmith is that courts should not automatically recognize any alteration to an original work as transformative—regardless of who’s doing the altering. [read post]
2 Jun 2021, 2:00 am
Also, factors that are relevant in one situation may not be relevant in another. [read post]
12 Jun 2012, 6:45 am
Stated another way, the courts have said that "in an arms-length transaction the defrauded party must exercise ordinary care for the protection of his own interests and is charged with knowledge of all facts which would have been discovered by a reasonably prudent person similarly situated. [read post]
28 Dec 2013, 3:37 pm
Even if there is no similarly-situated comparator, an employer’s failure to follow its own policy can support a claim that whatever adverse action it took was discriminatory or retaliatory. [read post]
25 Jun 2019, 9:28 am
Similarly, in Switzerland the Bundesgericht (Swiss Supreme Court) ruled that other salts are covered by Lilly’s patent. [read post]
7 Mar 2007, 9:00 pm
Like many other readers, I've found the AutoAdmit cyber stalking story pretty compelling and troubling. [read post]
18 Jul 2009, 4:22 am
As the Board's report (available here) explains the majority position,In imposing a death sentence, it is imperative that we have consistency and similar penalties imposed upon similarly situated co-defendants.That's a consideration that the two dissenter's rejected.There has been much discussion by the courts and this Board regarding proportionality review and disparate sentencing. [read post]
28 Feb 2012, 6:51 am
In most cases, it is the claimant's first experience with attempting to get payment from an insurer for injuries and other damages that the person has suffered due to the negligence of its insured. [read post]
5 Mar 2024, 1:24 pm
Or a high-net-worth divorce may involve a situation where one spouse makes considerably more than the other. [read post]
20 Mar 2024, 6:00 am
"Noting that Plaintiff contended that the AFD’s promotion of "a Caucasian employee, constitutes disparate treatment," the Circuit Court said it agreed with the district court that Plaintiff and his Caucasian employee were not similarly situated. [read post]
10 Aug 2017, 6:30 am
” It was only because the political branches had engaged in an extensive deliberative process, which led them to conclude that men and women were not similarly situated, that women could be exempted from the draft. [read post]
3 May 2014, 12:00 am
As a matter of law, similarly situated people must be treated similarly. [read post]
20 Mar 2024, 6:00 am
"Noting that Plaintiff contended that the AFD’s promotion of "a Caucasian employee, constitutes disparate treatment," the Circuit Court said it agreed with the district court that Plaintiff and his Caucasian employee were not similarly situated. [read post]
18 Jan 2022, 3:37 am
Many domestic cats would probably like to know in advance whether a certain activity on their part is permitted (eg. jumping on the bed while the owner sleeps).Similarly, many business cats would like to know in advance whether or not one of their products could be considered to infringe the intellectual property rights of a competitor. [read post]
28 Jul 2008, 6:23 pm
It should also be noted that the situations illustrated are not the only relevant risks. [read post]
22 Jul 2024, 6:00 am
Similarly, keeping a journal of your moods, your thoughts and feelings about the disfigurement, and others’ reactions can help you show a court how your life has changed. [read post]
10 Feb 2019, 10:34 am
Similarly, employers currently without a written reimbursement policy could benefit from having an employment attorney draft an IWPCA-compliant policy. [read post]
27 Feb 2023, 7:15 am
” 2 Similarly, another court found that “facts developed at trial demonstrated that broker had apparent, if not actual, authority to bind the insurer. [read post]
22 Sep 2008, 11:00 pm
Similarly, an agent who signs documents to buy or sell real property on your behalf must present the Power of Attorney to the title company. [read post]
20 Apr 2012, 5:00 am
” The court held the disclosure prevented a finding of unfair dealing under Wisconsin Statute §180.0828(a) and that none of the other sections were even “arguably” applicable to the situation. [read post]
