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26 Aug 2022, 2:25 am
Sections 1, 2, 3, and 45 of the Trademark Act provide the statutory basis for a refusal to register subject matter that fails to function as a service mark. [read post]
24 Aug 2022, 5:01 am by Eugene Volokh
  [1] See Volokh, supra note 1, at 1366–68. [2] See, e.g., DePuy Synthes Prod., Inc. v. [read post]
22 Aug 2022, 8:40 am by Steven Cohen
  BP claims that Cook’s testimony is unreliable because 1) he did not verify Pettaway’s diagnoses; 2) follow the accepted methodology for analyzing epidemiology and evaluate the scientific literature. [read post]
The Supreme Court held that (1) establishing an injury sufficient for Article III standing requires a plaintiff asserting a statutory violation to demonstrate a “close historical or common-law analogue for their asserted injury,” and (2) that “[e]very class member must have Article III standing in order to recover individual damages. [read post]
22 Jul 2022, 5:07 am by John Jascob
Parratt said the SEC divided companies in to three groups; (1) the top 1,000 companies by market capitalization; (2) the next 6,000 companies; and (3) all of the rest. [read post]
19 Jul 2022, 6:33 am by John Jascob
The court noted that he conceded that Section 78m(b)(2), (5) is not one of the fraud statutes listed in Section 1514A(a)(1) and is not a “provision of Federal law relating to fraud against shareholders. [read post]
19 Jul 2022, 5:54 am by Ryan Goodman
Does he have any concept of truth as that term is used in our society? [read post]
7 Jul 2022, 5:32 am by Eugene Volokh
Plaintiff proceeded through discovery under a protective order pursuant to Federal Rule of Civil Procedure 26(f), which allowed Plaintiff to apply the John Doe pseudonym to the caption and to file certain documents with redactions. [read post]
7 Jul 2022, 5:01 am by Peter Margulies
Chief Justice John Roberts wrote for the court, in an opinion that Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor joined. [read post]
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
As it originally emerged, the doctrine appeared to be only a rule of statutory construction that carved out an exception from the Chevron doctrine.[10] In Justice Scalia’s colorful words, Congress explains its major policy choices and “does not … hide elephants in mouseholes. [read post]