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22 Jan 2018, 1:54 pm by Stewart Baker
The first known death by SWAT-ing has yielded charges; the egregious SWAT-er for hire, SWauTistic, has been charged with involuntary manslaughter. [read post]
20 Oct 2016, 8:54 am by Rebecca Tushnet
Anyway, even counting those benefits wouldn’t render VGOA’s use of the nomination commercial, in the sense of “unfair[ly] exploit [ing] the monopoly privilege that belongs to the owner of the copyright. [read post]
7 Mar 2024, 5:08 am by Jack Bogdanski
.'ing and dying on the streets in record numbers, the bad boys at the medical school are taking over the clinics and hospitals (eliminating protections against malpractice in the process), and this is what the health department is busy with? [read post]
28 Jul 2017, 1:08 pm by Lawrence B. Ebert
BecauseEARNHARDT COLLECTION is a combination oftwo terms, the PTO must consider the mark “in its entirety”rather than merely “consider[ing] the mark as twoseparate parts. [read post]
16 Dec 2016, 12:55 pm by Rebecca Tushnet
”  First, while Apotex said that “representations commensurate with information in an FDA label generally” (emphasis added) wouldn’t be actionable under the Lanham Act, it went on to acknowledge (in a footnote) that “Lanham Act liability might arise if an advertisement us[ing] information contained in an FDA-approved label... [read post]
3 Oct 2016, 5:48 am by Rebecca Tushnet
’ ” More specifically, courts consider whether(1) there is an unusual discrepancy in the merits of the positions taken by the parties, based on the non-prevailing party’s position as either frivolous or objectively unreasonable, (2) the non-prevailing party has litigated the case in an unreasonable manner; or (3) there is otherwise the need in particular circumstances to advance considerations of compensation and deterrence.Something less than bad faith is required;… [read post]
27 Mar 2014, 12:14 pm
LPL Financial submitted a Letter of Acceptance, Waiver and Consent No. 2011027170901 (AWC), in which it admitted to "fail[ing] to have a reasonable supervisory system and procedures to identify and determine whether purchases of [alternative investments] caused a customer's account to be unsuitably concentrated in Alternative Investments in contravention of LPL, prospectus or certain state suitability standards." [read post]
18 Dec 2017, 2:27 pm
. , , ,Prison officials accused Song of being “antigovernment,” “subvert[ing] the government,” and “preventing the [government] official from doing official duties. [read post]
6 Jan 2014, 4:00 am
Additionally, the company required Sanchez to undergo an "audit" by connect­ing herself to an "E-meter," which Scientologists believe is a religious artifact, and required her to undergo "purification" treatment at the Church of Scientology. [read post]
4 Feb 2022, 1:55 pm by Rebecca Tushnet
” While “repackag[ing]” or altering the product in some way might be sufficient, “cases involving a claim for reverse palming off generally” – but not always – “entail the defendant removing the plaintiff’s trademark and replacing it with the defendant’s own mark. [read post]
27 Dec 2022, 4:00 am by Howard Friedman
The court prohibited Ryan from "encourag[ing] [the children] to adopt the teachings of any religion" without Jessica's consent. [read post]
26 Feb 2015, 11:43 am
" These elements included portraying Jordan alone against the sky, "soar[ing] elegantly" and in a modified version of a grand jeté, a ballet jump during in which the person performs the splits in midair. [read post]
1 Aug 2016, 7:18 pm
” and the promise of “unleash[ing] your wild side on your exclusive love chair or slip[ping] into your personal heart-shaped jacuzzi. [read post]
2 Dec 2012, 8:37 am
Driving without enough sleep is in part a consequence of our modern high-stress world, where we are all juggling busy schedules, long work hours, sometimes more than one job, not to mention taxi-ing our kids around to and from sports practices. [read post]
19 Mar 2014, 10:49 am
She cited previous statements of Circuit Judges who challenged Cybor as improperly relying on the legal fiction that there are no facts to be decided in claim construction and as "profoundly misapprehend[ing]" the Supreme Court's decision in Markman. [read post]
19 Sep 2017, 5:37 am by Second Circuit Civil Rights Blog
Early in his employment at Long Island Association for AIDS Care, Acosta had time management problems, and he even objected to completing a remedial time log, expressing his displeasure by "enter[ing] the ingredients of his lunch into his time log '80 percent to help himself'' with an eating disorder and '20 percent' to be 'snippy with his supervisor.'" I am not sure why the Court of Appeals emphasizes this incident in the opinion, but it sure is… [read post]
14 Jun 2013, 10:32 am by Jon Markman
The Supremes said in passing, and of interest to us: In the case of an administrative enforcement proceed­ing, when a party raises a constitutional defense to an assessed fine, it would make little sense to require the party to pay the fine in one proceeding and then turn around and sue for recovery of that same money in another proceeding. [read post]
19 Jun 2013, 12:59 pm
Peacock subsequently berated her in front of her coworkers by saying she adds "nothing of value" to the company, has "no f--ing clue" about what she is doing, and is "pretty much useless." [read post]
22 Dec 2020, 1:50 pm by Arianna Demas
And beyond that, the EDAU even sought to hire an electronics engineer whose major responsibilities would include “perform[ing] forensic extractions and advanced data recovery on locked and damaged devices. [read post]