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21 Jun 2023, 6:38 am
§ 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. [read post]
21 Jun 2023, 12:00 am
ii) As to Article 7 of the same Regulation, according to the case law of the Court of Justice of the European Union (CJEU) for the purposes of the correct identification of the "place where the harmful event occurred or may occur" (C-375/13, C-12/15, C-27/17, C-451/18), the concept of "initial damage" cannot be expanded so as to include any place where the negative consequences of damage could be suffered in consideration of a damage suffered… [read post]
20 Jun 2023, 12:11 pm
The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter. [read post]
20 Jun 2023, 10:01 am
The Florida Act bars professors from "espous[ing], promot[ing], or advanc[ing]," Fla. [read post]
20 Jun 2023, 9:28 am
But the parishes in the matter counter-argued that the challenge was only mooted to the extent of the 200-transaction threshold but not the $100,000 threshold, and also that the new law would not take effect until August 1, 2023, ostensibly in a bid to persuade the court not to dismiss the matter and to issue a decision that Louisiana’s decentralized system is constitutional. [read post]
20 Jun 2023, 8:58 am
Therefore, the subject matter of the counterclaim cannot be restricted by that of the infringement action. [read post]
20 Jun 2023, 8:42 am
Whether an EIR has sufficient detail to enable those who didn’t participate in its preparation to understand and consider meaningfully the issues raised by the project presents a mixed question of law and fact for the court, generally subject to de novo review; but courts will defer to an agency’s underlying factual determinations and choice of analytical methodologies where supported by substantial evidence, and may not set aside an EIR on the ground that an opposite conclusion… [read post]
20 Jun 2023, 6:29 am
” The ETFO relied on dictum in Hak c. [read post]
20 Jun 2023, 5:55 am
Donny C. [read post]
20 Jun 2023, 5:34 am
by Michael C. [read post]
20 Jun 2023, 3:04 am
Leonnig and Aaron C. [read post]
20 Jun 2023, 2:45 am
Before the ET, she argued that she held the following beliefs (or lack of beliefs: (a) lack of belief in “gender fluidity”; (b) lack of belief that someone could change their biological sex/gender; (c) belief in marriage as a divinely instituted life-long union between one man and one woman; (d) lack of belief in “same-sex marriage” (recognising that same-sex marriage was legal, she believed this was contrary to Biblical teaching); (e) opposition to sex and/or… [read post]
19 Jun 2023, 3:22 pm
Prior posts on related legal efforts in this matter are here and here. [read post]
19 Jun 2023, 11:39 am
This analysis, which stretches about two pages, appears in Part II-C-2 of the concurrence. [read post]
19 Jun 2023, 8:59 am
In general, making threats against someone else is a Class C misdemeanor. [read post]
19 Jun 2023, 6:30 am
The supposed distortion of interposition was expounded by John C. [read post]
19 Jun 2023, 5:26 am
By Alec Lesseliers Introduction The British Museum, the Metropolitan Museum of Art (MET), and the Germanisches Nationalmuseum are a few of the world’s most famous and largest history museums with objects in their collection from all over the world. [read post]
19 Jun 2023, 4:52 am
It demonstrated that whether to classify digital assets as securities, commodities, or a separate asset class entirely does not matter to wire fraud charges.[19] In the eyes of law enforcement, NFTs are no exception to the general rule that “you can’t solicit funds for a business opportunity, abandon that business, and abscond with money investors provided you. [read post]
18 Jun 2023, 9:01 pm
Given the relatively arcane subject matter, Justice Elena Kagan wrote a delightfully lively majority opinion in Polansky parsing the various provisions and sub-provisions of the FCA to conclude that the government’s dismissal motion was timely after all and should be evaluated under Federal Rule of Civil Procedure 41, just like a comparable non-qui-tam motion for voluntary dismissal.Justice Clarence Thomas was the lone dissenter. [read post]
18 Jun 2023, 9:00 pm
by Michael C. [read post]
