Search for: "Welling v. Welling"
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18 Mar 2024, 8:55 am
In 1948, the Supreme Court outlawed these practices in the seminal case, Shelly v. [read post]
18 Mar 2024, 6:00 am
” 15 The remaining “lesser” or “non-core” factors included the amount of skill required for the work, the degree of permanence of the working relationship between the worker and the putative employer, and whether the work is part of an integrated unit of production. 16 The 2021 IC Rule further provided that it was “highly unlikely” that these non-core factors could outweigh the combined probative value of the core factors. 17 The Final Rule rescinds the 2021… [read post]
18 Mar 2024, 5:07 am
Term Limits v. [read post]
18 Mar 2024, 4:34 am
Penland v. [read post]
18 Mar 2024, 4:32 am
The Appellate Division last week in Behler v Tao (read here) affirmed the order below in a 3-2 decision featuring a majority opinion authored by Presiding Justice Sallie Manzanet-Daniels, applying what she labels “explicitly contractarian” Delaware LLC law “sometimes leading to harsh results,” and a dissenting opinion authored by Justice Ellen Gesmer exalting “basic principles of contract law and fundamental fairness. [read post]
18 Mar 2024, 4:00 am
Emmett Macfarlane has made many similar points on his Substack as well. [read post]
18 Mar 2024, 3:54 am
“Memorandum: Plaintiffs, who reside in New York, commenced this breach of contract and legal malpractice action against Texas attorney Russell Button, Esq., and his law firm, the Button Law Firm, PLLC (collectively, Button defendants), as well as New York attorneys David C. [read post]
17 Mar 2024, 9:05 pm
This radical judicial project is well underway. [read post]
17 Mar 2024, 1:11 pm
E.g., "Justice Ginsburg became an icon by bravely pursuing her own path and prevailing against the odds," said Brendan V. [read post]
17 Mar 2024, 11:59 am
While detailed statistical evidence was not necessarily required (R (Burnip) v Birmingham City Council (2012) EWCA Civ 629), that was where it would be possible to infer a general disadvantage, or it was obvious. [read post]
17 Mar 2024, 10:31 am
Malta V, in Valetta from 24 to 27 September 2024. [read post]
17 Mar 2024, 9:26 am
That would be certainly a possibility as not only the Berne Convention (Article 2(3)) mandates the protection of inter alia “other alterations of … artistic work”, but derivative works have been also held protectable under UK law (think of the famous Hyperion Records v Sawkins [IPKat here] as an example). [read post]
17 Mar 2024, 7:59 am
Prior to the filing date in 1999, the evidence of promotion of the VCC wines by Australian distributors was minimal, and therefore VCC did not enjoy the protection afforded to well-known marks. [read post]
16 Mar 2024, 9:31 pm
” Judge Doughty – outrageously – omitted the word “published” from the phrase “quick and devastating published take down” as well as the rest of the context. [read post]
16 Mar 2024, 6:35 pm
After all, Missouri v. [read post]
16 Mar 2024, 5:39 pm
Well, the witness wasn’t coached very well if they need their memory refreshed. [read post]
16 Mar 2024, 4:05 pm
Barrett v. [read post]
16 Mar 2024, 4:04 pm
In the case of Adkins v. [read post]
16 Mar 2024, 7:57 am
” Owens v. [read post]
16 Mar 2024, 6:16 am
The debate over what is often termed “jawboning” will come before the Supreme Court, which will hear arguments in Murthy v. [read post]