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10 Sep 2021, 8:53 am by Josh Blackman
[Update: Under 29 U.S.C. 655(f), a pre-enforcement challenge may begin in the court of appeals]. [read post]
10 Sep 2021, 5:18 am by Kevin
Kytch won the most recent round, obtaining a TRO against the defendant to prevent it from acquiring and reverse-engineering one of Kytch’s devices. [read post]
9 Sep 2021, 7:28 am by Rebecca Tushnet
Baxter; 996 F.3d 925 (8th Cir. 2021) You probably know that the court of appeals sent this case back for retrial on an initial interest confusion theory. [read post]
8 Sep 2021, 2:49 pm
Albatrans, Inc., 352 F.3d 41, 45–46 (2d Cir. 2003) (discussing four requirements under New York law to find a de facto merger, including “a continuity of stockholders”). [read post]
8 Sep 2021, 10:38 am by Gene Takagi
So, where indemnification is required or lawfully authorized, the indemnifying party (the nonprofit) will pay for the expenses of its agent in defending that lawsuit or other proceeding. [read post]
8 Sep 2021, 7:20 am by Rebecca Tushnet
Frosty Bites Distribution, LLC, 369 F.3d 1197 (11th Cir. 2004), or the colors of pills in Inwood v. [read post]
7 Sep 2021, 9:01 pm by Sherry F. Colb
Such defendants include anyone who pays for or reimburses a woman for the cost of the procedure (as insurance might do). [read post]
6 Sep 2021, 11:52 am by Eric Goldman
Moreover, the broader statutory framework suggests that the Kik court’s reading of FOSTA improperly adopted the most restrictive possible reading of that provision when there is an equally (or more) plausible reading of the plain language of FOSTA… The implication of [the Kik] reading is that a sex trafficking victim who seeks to impose civil liability on an ICS provider on the basis of beneficiary liability faces a higher burden than a victim of sex trafficking who seeks to impose such… [read post]
6 Sep 2021, 5:27 am by Vercammen Law
Plaintiff argued that defendant should be held liable for the transfers. [read post]
6 Sep 2021, 5:21 am by Vercammen Law
Defendant Olga Sweeney, decedent's sister and administrator of her estate, cross-appeals from the February 28, 2019 order, arguing that the court erred when it awarded Michael1 any attorney's fees and costs and denied her cross-motion for sanctions against him for filing frivolous claims. [read post]
4 Sep 2021, 6:25 am by Russell Knight
“[F]or the purposes of impeachment of testimony, there is no distinction between misdemeanors and infamous crimes when introducing prior convictions in civil and criminal proceedings. [read post]
3 Sep 2021, 10:22 am by Rebecca Tushnet
Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020) and its progeny, everything but the CLRA claim for damages should be dismissed because these equitable claims were only available if legal claims failed. [read post]
3 Sep 2021, 7:16 am by Nelson Johnson
Non-Tax Deductible Legal Fees 1) Fees related to non-business tax issues or tax advice. 2) Fees you pay in connection with the determination of collection or refund of any taxes. 3) Personal legal expenses such as: a) Child Custody b) Purchasing Real Estate c) Breach of Promise to marry d) Civil or Criminal charges related to personal relationships e) Personal injury f) Title Preparation g) Estate Planning such as Will… [read post]
3 Sep 2021, 7:16 am by Nelson Johnson
Non-Tax Deductible Legal Fees 1) Fees related to non-business tax issues or tax advice. 2) Fees you pay in connection with the determination of collection or refund of any taxes. 3) Personal legal expenses such as: a) Child Custody b) Purchasing Real Estate c) Breach of Promise to marry d) Civil or Criminal charges related to personal relationships e) Personal injury f) Title Preparation g) Estate Planning such as Will… [read post]