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1 Nov 2023, 6:46 pm by David Klein
On October 25, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in True Health Chiropractic, Inc. v. [read post]
31 Oct 2023, 4:57 pm by Bryan West
Hobson incorporated Ristorante Cosa Nostra Inc. and set about construction, for which he hired Timothy Gushue and his numbered company as project manager, and interior decoration, for which he hired the mother-daughter operation Designs by Marlynn Ltd. [read post]
31 Oct 2023, 10:46 am by Tim K. Garrett and Hunter Yoches
This new rule does bring back the “indirect, reserved” control standard and also provides that indirect or reserved control standing alone will establish joint-employer status, even if not exercised, thus expanding the Browning-Ferris Industries standard. [read post]
30 Oct 2023, 8:51 am by jonathanturley
Here is my annual list of Halloween torts and crimes. [read post]
29 Oct 2023, 9:06 pm by Dan Flynn
Department of Labor alone has 800 child labor investigations underway with 5,792 minors found working in violations of the law. [read post]
27 Oct 2023, 3:17 pm by Kalvis Golde
Jason Scott Collection, Inc. 23-194Issue: Whether, and to what extent, a competitor’s intentional copying alone — without any intent to confuse consumers or pass off its products as plaintiff’s — establishes that plaintiff’s trade dress has secondary meaning. [read post]
24 Oct 2023, 9:01 pm by renholding
But it is clear that we cannot reverse those trends and enhance Americans’ trust in our financial institutions through our efforts alone. [read post]
23 Oct 2023, 6:16 pm by Jeanne Huang
Whether a stay is granted under Australian law turns on whether the Australian court is ‘a clearly inappropriate forum’ (See Oceanic Sun Line Special Shipping Co Inc v Fay at 247–8) (Oceanic Sun Line). [read post]
22 Oct 2023, 9:01 pm by renholding
Morgan Stanley split from the Ninth Circuit, finding that a violation of Item 303 would be actionable under Section 10(b) and Rule 10b-5 if plaintiffs met the materiality requirements set forth in Basic Inc. v. [read post]
18 Oct 2023, 1:52 pm by Sasha Volokh
Standing alone, however, it cannot justify the special treatment of the press, for an alternative means of achieving the same interest without raising concerns under the First Amendment is clearly available: the State could raise the revenue by taxing businesses generally, avoiding the censorial threat implicit in a tax that singles out the press. [read post]