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16 Feb 2024, 12:13 pm by Rebecca Tushnet
So, putting Two Pesos together with Lexmark, that an unregistered mark might be entitled to protection doesn’t mean has the same scope of rights as a registered mark—national scope of registration is just one example; Lexmark’s standing requirement of showing the kind of harm against which 43(a) is directed as part of the plaintiff’s main case, rather than presuming harm, makes sense as another, and some lower courts in trademark cases have noticed that Lexmark by… [read post]
16 Feb 2024, 12:00 pm by Eugene Volokh
Having considered all of the facts and circumstances, and hoping to deter similar transgressions by Plaintiff's Counsel and other attorneys in the future, the Court will require Plaintiff's Counsel to pay a monetary sanction in the amount of $2,000.00…. [read post]
16 Feb 2024, 10:01 am by Alexandria Amerine
 Between 2010 and 2011, all six Limited Partners voluntarily resigned from Cantor HK, and withdrew as partners from Cantor Fitzgerald, L.P. [read post]
One of the plaintiffs, Jane Doe, is a high school student whose teacher refused to address her by her correct first name. [read post]
16 Feb 2024, 9:11 am by Brett S. Krantz
A specific role for a process arbitrator over all the claims. [read post]
16 Feb 2024, 6:48 am by Rebecca Tushnet
“[T]he question of whether, and to what extent, any given plaintiff was actually injured by one or more of the statements will depend on plaintiff-specific contextual factors. [read post]
16 Feb 2024, 5:35 am by Andrew Lavoott Bluestone
The question of privity, near-privity and equitable subrogation are all taken up in great detail. [read post]
16 Feb 2024, 4:27 am by Allan Blutstein
Because confidentiality is easier to establish under Exemption 4 after Food Marketing Institute, I suspect we’ll continue to see more of these commercial threshold challenges from plaintiffs . [read post]
16 Feb 2024, 4:10 am by SHG
The district court granted summary judgment in favor of defendants, holding principally that plaintiff’s shout was not protected by the First Amendment because he did not know he was addressing a police officer, and that all of his claims were barred by the existence of probable cause–or at least arguable probable cause sufficient to give the officers qualified immunity–for plaintiff’s arrest So… expression is only protected if you… [read post]
16 Feb 2024, 4:10 am by Howard Friedman
According to Plaintiffs, this allegedly “sham” process is what enabled the coercive and discriminatory treatment of the Class Members while their accommodation requests sat unadjudicated. [read post]
15 Feb 2024, 11:41 pm by Lawrence Norden
A pivotal episode in this push began in 2022, when the attorneys general of Missouri and Louisiana, along with a number of private plaintiffs, sued numerous Biden administration agencies and officials with the aim of stifling cross-sector collaboration to address online falsehoods. [read post]
15 Feb 2024, 9:05 pm by Dan Flynn
Defendants’ expert acknowledges that it was unlikely the laboratory erred, and all experts agreed that EPEC could cause symptoms as soon as four hours after ingestion. [read post]
MLS owns all its teams, their intellectual property, ticketing and broadcast rights. [read post]
15 Feb 2024, 1:23 pm by Kevin LaCroix
The court fired a shot across the bows of all corporate boards in 2005 with its decision in Disney. [read post]