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23 May 2016, 1:17 pm
`[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged—but it has not “show[n]”—“that the pleader is entitled to relief. [read post]
28 Nov 2017, 2:57 am
The moderator was IPKat’s own Eleonora Rosati (University of Southampton and JIPLP Co-Editor).The panel discussed at length the impact of the recent EU Trade Mark Regulation (EU 2015/2424): Gert Würtenberger and Marius Schneider highlighted the implications of Article 9(4) for goods in transit, whereby customs authorities will now be allowed to detain goods in transit bearing an identical/similar mark no matter where they are destined. [read post]
26 Nov 2017, 5:00 am by W.F. Casey Ebsary, Jr.
"However, "[w]here the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence. [read post]
26 Nov 2017, 5:00 am by Law Office of W.F. "Casey" Ebsary Jr
"However, "[w]here the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence. [read post]
4 Apr 2018, 4:29 am by Edith Roberts
At The National Law Journal (subscription or registration required), Tony Mauro reports that “[w]ithout explanation, the U.S. [read post]
16 Feb 2008, 9:33 am
Irving, 452 F.3d 110, 125 (2d Cir. 2006) ("[w]e review de novo the determination that there was probable cause to issue the warrant"), and United States v. [read post]
12 Jan 2011, 4:19 am by Andrew Lavoott Bluestone
Banking Corp., 2010 WL 5095476 [2nd Dept 2010] quoting Kurtzman v Bergstol, 40 AD3d 588, 590 [2d Dept 2007]). [read post]