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14 Jun 2022, 12:52 pm by Rebecca Tushnet
Turtle Wax, Inc., 191 F.3d 813 (7th Cir. 1999) (explaining that “claims that may be literally true or ambiguous, but which implicitly convey a false impression, are misleading in context, or likely to deceive consumers” are actionable under the Lanham Act). [read post]
14 Jun 2022, 5:11 am by Florian Mueller
But in the U.S. it's hard to actually get to the point of enforcing a damages award against a deep-pocketed defendant--and even more so against Apple, which according to Qualcomm has a history of coercing "low-ball agreements" with SEP holders. [read post]
13 Jun 2022, 12:43 pm by Cindy Cohn
The Jewel plaintiffs relied on section 1806(f), plus another statute, 18 U.S.C. [read post]
13 Jun 2022, 7:52 am by Lawrence B. Ebert
See Plain tiffs’ Memorandum of Law in Opposition to Defendant L’Oréal S.A. [read post]
12 Jun 2022, 6:39 pm by Kurt R. Karst
., 845 F.3d 1 (1st Cir. 2016), was seen as a death knell for the fraud‑on-the-FDA theory in FCA cases. [read post]
12 Jun 2022, 8:58 am by Tom Smith
I disagree with what she reportedly has said, some of it, but will defend to the death her right to say it. [read post]
11 Jun 2022, 4:28 pm by Evan Brown
Schmidly, 738 F.3d 1196 (10th Cir. 2013)) which state the test for vicarious liability a bit differently. [read post]
9 Jun 2022, 11:43 am by Matthew B. Kaplan
Woodford, 331 F.3d 715 (9th Cir. 2003), a federal case that addressed a similar situation, Kaplan argued that it was improper to allow the government to use confidential materials obtained by the defense against the defendant on a retrial. [read post]
9 Jun 2022, 10:19 am by Unknown
The provisions of this paragraph (f) are illustrated by the following examples:EXAMPLE 1.Attorney P represents client Q in a breach of contract action for lost profits against defendant R. [read post]
9 Jun 2022, 3:00 am by Jeff Welty
The defendant said “that’s crazy,” accused the court of activating his sentence, and suggested that the court be “f—king honest with [him]. [read post]