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21 Jun 2023, 1:36 pm
"For years, Defendant Amazon.com, Inc. has knowingly duped millions of consumers into unknowingly enrolling in its Amazon Prime service," the FTC alleged in a complaint filed in US District Court for the Western District of Washington. [read post]
See(2)(A) You Later: Supreme Court Holds that DOJ Has Broad Dismissal Authority Even After Unsealing
21 Jun 2023, 9:59 am
If the defendant has not yet served an answer or summary-judgment motion, the plaintiff need only file a notice of dismissal. [read post]
21 Jun 2023, 8:15 am
Here, the two provisions can easily be read harmoniously; indeed, it is Trump defenders who must strain mightily to claim there is any conflict. [read post]
21 Jun 2023, 7:20 am
” It elaborated, “In a broad sense, a use that has a distinct purpose is justified because it furthers the goal of copyright, namely, to promote the progress of science and the arts, without diminishing the incentive to create. [read post]
21 Jun 2023, 6:38 am
It is clear after Jack Daniel’s that Rogers’ threshold test for infringement liability cannot apply to a “‘quintessential trademark use’ like confusing appropriation of the names of political parties or brand logos. [read post]
20 Jun 2023, 3:19 pm
The 17 named plaintiffs included 15 individuals, a family trust, and Northwest River Guides, a rafting company outfitter. [read post]
20 Jun 2023, 3:10 pm
In short, the Court held “in all but the most exceptional cases” it should go the government’s way: A qui tam suit . . . is on behalf of and in the name of the Government. [read post]
20 Jun 2023, 2:03 pm
Indeed, defendant’s own expert testified that it was prudent for plaintiff to withdraw its product from distribution during the outbreaks. [read post]
20 Jun 2023, 10:23 am
Humans can also do all of these things at smaller scales, but discovering that machines do the writing would change how we defend ourselves and respond as a society. [read post]
20 Jun 2023, 8:01 am
Jun. 7, 2023) MacuHealth sells a nutritional supplement of the same name that is intended to maintain or improve eye health; Vision Elements is a competitor that sells Early Defense. [read post]
20 Jun 2023, 7:59 am
… However, the front label must be unambiguously deceptive for a defendant to be precluded from insisting that the back label be considered together with the front label. [read post]
20 Jun 2023, 7:40 am
So aggrieved neighbours and other tenants could be assured that the menace would be removed after a specific period of time: It was relatively straightforward and, therefore, a relatively cheap process As the tenant was not accused of anything, they would not feel the need to defend ‘to clear their name’, and It was actually beneficial for those tenants as their records would not show that they had been evicted for anti-social behaviour – although tenants and… [read post]
20 Jun 2023, 6:07 am
[Eric’s note: this is the post you’ve been waiting for: Prof. [read post]
20 Jun 2023, 5:55 am
In addition, your lawyer MUST have years of experience defending similar ca [read post]
20 Jun 2023, 5:21 am
In August 2021, bZeroX, LLC transferred control of the software protocol to “the bZx DAO” which was later named “Ooki DAO. [read post]
19 Jun 2023, 6:32 pm
We have a responsibility to defend, protect, and advance the interests of the United States and its people. [read post]
19 Jun 2023, 11:39 am
So as best as I can tell, Justice Gorsuch agrees with the methodology Justice Thomas used to reach that definition of "commerce"–namely, original public meaning originalism. [read post]
19 Jun 2023, 7:51 am
The defendants moved for summary judgment but were unsuccessful. [read post]
19 Jun 2023, 3:40 am
The defendant’s cry for treatment of “human dignity” likely brings no tear to most people. [read post]
18 Jun 2023, 9:01 pm
Stevens, the Court held that the FCA does not authorize qui tam actions against state defendants. [read post]