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3 Oct 2013, 9:27 am by Jeff Kosseff
After filing the complaint, the copyright owners typically issue subpoenas to the customers’ Internet service providers to determine the identities of the John Doe defendants.Although courts have generally approved the subpoenas for the identities of John Doe defendants in copyright infringement cases, plaintiffs are encountering a new obstacle, as illustrated in the September 27 opinion by Judge John Z. [read post]
2 Oct 2013, 4:30 am by Steve McConnell
    Finally, the defendant sought to exclude evidence of any corporate conduct post-dating the plaintiff's tooth extraction (which plays a major role in determining onset of an A-Z plaintiff’s injury). [read post]
11 Sep 2013, 4:48 am by Steve McConnell
  Just because the Payne case does not look like a lay-down on warning causation does not mean that the defense does not apply. [read post]
5 Sep 2013, 12:24 pm by Bexis
 At this juncture, the Court does not know enough about the comparison(s) to be made or the evidence backing them to reach a final conclusion. [read post]
4 Sep 2013, 7:38 am by Florian Mueller
Defendant-Appellant argues that, in light of the foregoing, its interest in a cessation of enforcement outweighs [read post]
19 Aug 2013, 4:00 am by Terry Hart
The court concluded that “the sample here does not rise to the level of a legally cognizable appropriation” and dismissed the infringement claims. [read post]
21 May 2013, 10:33 am by David Friedman
In his response he switches to something closer to the definition I offered from Z&T, claiming that the two are close enough to both describe the same cluster concept.That raises an obvious question: Does he agree that "minimally decent lives" in one of his definitions is, as I argued, dishonest mush, a term implying an objective standard that does not exist? [read post]
26 Apr 2013, 12:09 pm by Jeffrey P. Hermes
Nevertheless, the court held that the context of the New York Post articles was such that, for at least some of the statements at issue, a reasonable reader would understand them to be mere speculation or opinion: It does not strain the concept of judicial notice ... to note that everyone hoped that the individual(s) responsible for the crime would quickly be brought to justice. ... [read post]
9 Apr 2013, 1:17 pm by Luke Rioux
 A defendant may be prejudiced by "evidentiary spillover": the "transference of guilt" to a defendant involved in one conspiracy from evidence incriminating defendants in another conspiracy in which the particular defendant was not involved. [read post]
5 Apr 2013, 1:01 pm by Bexis
  Beyond observing that the white box was about the same size as the silver object, [plaintiff mother] does not recall whether the box had been opened or any markings on the box. [read post]
4 Mar 2013, 8:13 am by Rebecca Tushnet
  BruxZir was presented very differently: no oval, with the capitalized Z overlapping the Brux. [read post]
25 Feb 2013, 8:36 am by Eric
 Usually, when a plaintiff sues an unknown defendant (called a "Doe"), the court requires the plaintiff to show that its case has some merit before issuing a subpoena to identify the defendant (sometimes called an "unmasking subpoena"). [read post]
22 Feb 2013, 2:01 pm by Bexis
  And if the “demonstrated responsibility” provision doesn’t apply to “private insurers,” then why couldn’t X sue Z, provided that Medicare paid X’s bills after Z refused? [read post]
15 Feb 2013, 12:10 pm by Bexis
  That’s because New Jersey law does not allow punitive damages where a drug complies with FDA labeling requirements (and the statute’s fraud on the FDA exception is preempted). [read post]