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  The Kokesh court observed that disgorgement was often punitive because (1) the amount of disgorgement exceeded net profits and (2) disgorgement was not compensatory because disgorged funds were paid to the Treasury. [read post]
24 Jun 2020, 4:00 am by Administrator
(Check for commentary on CanLII Connects) 2. [read post]
23 Jun 2020, 6:33 am by Aaron Rubin and Jill Meltem Tellioglu
” The court spent some time analyzing the details of the Lime app’s user interface, a screenshot of which is included in the published opinion: The court noted that: [T]he blue boldface hyperlink to the User Agreement’s terms (where the user could read the full arbitration provision) combined with the unambiguous warning that “by tapping “I Agree” the user confirms that he or she “read and agreed to Lime’s User agreement,” is conspicuous… [read post]
22 Jun 2020, 6:22 am by Richard Hunt
Starbucks Corp., 19-55738, 2020 WL 3265180, at *2 (9th Cir. [read post]
22 Jun 2020, 4:35 am by Howard Friedman
From SSRN:Kristin Pryor, Vaccination and the Effect on Custody When One Parent Opts Out, (May 5, 2020).Derek T. [read post]
21 Jun 2020, 6:06 am by Riana Harvey
The Board thus came to the conclusion on the basis of that evidence that it, individually and as a whole, had not shown the necessary acquired distinctive character.Recalling the CJEU decision in Nestlé (C-84/17 P, C-85/17 P and C-95/17 P, see IPKat here), the GC restated that it would be necessary (in the context of this particular mark) for the evidence submitted to establish acquisition of distinctive character in all of the Member States of the EU where the… [read post]
21 Jun 2020, 4:00 am by Administrator
Or, le cadre d’analyse visant le profilage racial comporte 2 volets. [read post]
20 Jun 2020, 1:55 pm by Comunicaciones_MJ
Es decir, que para que un partido pueda mantener su franquicia, deberá obtener más de 2% del voto íntegro general bajo su insignia en la papeleta estatal del total de votos válidos emitidos en esa papeleta. [read post]
19 Jun 2020, 8:37 am by Jack Goldsmith, Marty Lederman
This ought to preclude any injunction, irrespective of whether the government can obtain a constructive trust for Bolton’s profits. 2. [read post]
18 Jun 2020, 1:35 pm by Ars Staff
The state officials say that these “preforms,” which are designed to be expanded with heat and pressure into 2-liter soda bottles, don’t fit the racks used in laboratory analysis of test samples. [read post]
18 Jun 2020, 6:38 am by Linda McClain
” As Dale Carpenter succinctly puts it: “When it comes to bigotry, Americans agree on three things: (1) bigotry is very bad; (2) they are not themselves bigots; and (3) some other people, mostly those who disagree with them, are bigots. [read post]
17 Jun 2020, 10:25 pm by Josh Blackman
In turn, the Magistrate Judge certified two questions to the Utah Supreme Court: (1) whether the legislature had the authority to "expressly revive time-barred claims through a statute," and (2) whether "the language of Utah Code section 78B-2-308(7), expressly reviving claims for child sexual abuse that were barred by the previously applicable statute of limitations as of July 1, 2016, make(s) unnecessary the analysis of whether the change enlarges or eliminates… [read post]
17 Jun 2020, 3:50 pm by Ed. Microjuris.com Puerto Rico
En esos casos podrá dejarle al cónyuge viudo, como máximo cinco octavas partes (1/2 libre más 1/8) del caudal, o tres cuartas partes (1/2 libre más 1/4), respectivamente. [read post]