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Justice Kroft also noted that in the event Dell applied, this case fell within the exceptions articulated in Dell, as the facts were not in dispute and the question before the Court required a legal conclusion, not material findings of fact. [read post]

Construction Law Canada - http://www.constructionlawcanada.com/

[Eugene Volokh] Why Not Pseudonymous Litigation? The Value to the Public of Access to Party Names

4 Nov 2021, 5:37 am by Eugene Volokh

This is most clear in libel cases based on material published online (however obscure the publication might be). [read post]

The Volokh Conspiracy - http://www.volokh.com/

Do dead people own property? Court says NO, dismissing Helms-Burton Act claims.

1 Nov 2021, 9:38 am by Juan C. Antúnez

Bonus material. [read post]

Florida Probate Litigation - http://www.flprobatelitigation.com/

Puzzlingly calling a venue name a "title," court nonetheless rejects claim against MTV show

25 Oct 2021, 8:12 am by Rebecca Tushnet

Publications International, Ltd., 996 F.2d 1366 (2d. [read post]

43(B)log - http://tushnet.blogspot.com/

Chancery Declines to Follow First-Filed Rule in Advancement Case

24 Oct 2021, 12:52 pm by Francis Pileggi

Biovail Technologies, Ltd., 2000 WL 1277369, at * 4 (Del. [read post]

Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/

[Eugene Volokh] Bans on Political Discrimination in Places of Public Accommodation and Housing

18 Oct 2021, 7:22 am by Eugene Volokh

This term includes membership in a political party or group and includes conduct, reasonably related to political ideology, which does not cause substantial and material disruption of the property rights of the provider of a place of public accommodation.[23] The "conduct" "reasonably related to political ideology" language clearly covers displaying political messages while patronizing a busi [read post]

The Volokh Conspiracy - http://www.volokh.com/

Pandora Papers: the only public interest issue is media malpractice in sponsoring cyber hacking – Paul Wragg

10 Oct 2021, 8:40 am by INFORRM

As was recognised in Francome v Mirror Group Newspapers Ltd [1984] 1 WLR 892, the press are peculiarly susceptible to mistaking the public interest for its own commercial interest in turning a profit through sensationalism. [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

USC IP year in review, TM/ROP

4 Oct 2021, 10:58 am by Rebecca Tushnet

A&N Trading Co., No. 19-2951 (2d Cir. [read post]

43(B)log - http://tushnet.blogspot.com/

Two for the price of one: When do R&D activities amount to 'genuine use in the course of trade'; when is partial revocation appropriate?

30 Sep 2021, 1:09 am by Neil Wilkof

This question was considered recently in the decision in Singapore of Baidu Europe B.V. v Baidu Online Network Technology (Beijing) Co., Ltd. [2021] SGIPOS 8. [read post]

IPKat - http://ipkitten.blogspot.com/

CFIUS, Team Telecom and China

28 Sep 2021, 7:35 am by Adam Chan

Minority investments in TID businesses that give investors access to (a) “material nonpublic technical information,” (b) “membership or observer rights on the board of directors,” or (c) involvement in substantive decision-making receive CFIUS scrutiny. [read post]

Lawfare - http://www.lawfareblog.com/