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5 May 2024, 12:29 pm
To successfully show that infringement occurred, the plaintiff must show that the alleged infringer’s infringing goods or services create a likelihood of confusion regarding the source. [read post]
5 May 2024, 11:31 am
Here are the questions: Can a lien lis pendens be placed on property that is not located in the same county where the plaintiff’s lawsuit is filed? [read post]
5 May 2024, 11:14 am
The plaintiffs in this case are the Colorado Apartment Association, Apartment Association of Metro Denver, Colorado Hotel and Lodging Association, Inc., and NAIOP Colorado Chapter. [read post]
5 May 2024, 9:44 am
If the plaintiff cannot make this threshold showing of authority, he cannot establish state action. [read post]
5 May 2024, 6:30 am
Furthermore, the court determined that the plaintiff’s claims were cognizable under state law and not subject to the immunity defenses of the PREP Act. [read post]
4 May 2024, 10:35 am
The dissent reasons that the reporting-period triggering event is when plaintiff is finally released from parole. [read post]
4 May 2024, 9:03 am
A plaintiff must prove it suffered an injury that is concrete and particularized, the injury is fairly traceable to the defendant’s conduct, and it is likely the plaintiff’s injury will be redressed by a favorable decision. [read post]
4 May 2024, 8:00 am
Disputed issues common in Palm Beach car accident cases include fault (who was actually responsible for the crash), comparative fault (how much of the blame the plaintiff takes for their own injuries), causation (where plaintiff’s injuries really caused by the crash or some other factor?) [read post]
4 May 2024, 4:00 am
” Eventually, the plaintiff said she signed the form under duress to rejoin the team. [read post]
3 May 2024, 9:05 pm
In a recent report for the S. [read post]
3 May 2024, 4:11 pm
Hernando County Fair Association, Inc., 49 Fla.L.Weekly D947b (Fla. 5th DCA 2024), a plaintiff appealed the trial court’s dismissal with prejudice of its breach of contract claim based on the statute of limitations. [read post]
3 May 2024, 4:05 pm
When combined with the Court’s recent clarification of specific jurisdiction’s scope, Goodyear and its companion cases placed plaintiffs and defendants on a level playing field. [read post]
3 May 2024, 3:15 pm
Petitioner-Plaintiff (Petitioner) commenced a hybrid CPLR Article 78 proceeding and declaratory judgment action to annul the Zoning Board of Appeal’s (the “ZBA”) determination that the use of Petitioner’s property as a short-term rental was not permitted under the Town of Dunkirk Zoning Ordinance (the Ordinance). [read post]
3 May 2024, 12:33 pm
The authors note that the Plaintiff filed an application for rehearing on May 3, 2024. [read post]
3 May 2024, 12:30 pm
And he also shoots this plaintiff (who survived) 23 times after the plaintiff declined to give him money. [read post]
3 May 2024, 11:54 am
District Judge Rita Lin’s 24-page order notes that Brentwood Officer Ryan Rezentes waited 40 seconds to call off his K9, Marco, after plaintiff Talmika Bates told police she was coming out of a bush where she was hiding. [read post]
3 May 2024, 10:53 am
In today’s digital age, a plaintiff’s ESI such as emails, text messages, digital documents, and even social media posts can shed light on plaintiff’s allegations in litigation. [read post]
3 May 2024, 9:59 am
What Compensation Can a Personal Injury Plaintiff Recover? [read post]
3 May 2024, 9:46 am
The federal common law of interstate nuisance may have been displaced by federal environmental regulation, but the Supreme Court has explicitly held that federal environmental statutes do not preempt state law claims (though they do prevent plaintiffs in one state from extra-territorializing the substantive standards of their state's laws). [read post]
3 May 2024, 9:02 am
In that non-patent case, the Court held that the defendant’s contacts must be with the forum state itself, not just the plaintiff who resides there. [read post]
