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29 Aug 2023, 11:05 am by Benson Varghese
Understanding Federal Gun Charges: A Comprehensive Guide In the United States, the right to bear arms is enshrined in the Constitution. [read post]
4 Feb 2021, 8:28 am by John Jascob
" The brief also posits that a defendant seeking to rebut the Basic presumption only bears the burden of production, arguing that Rule 301 of the Rules of Evidence states that the party against whom a presumption is directed only bears "the burden of producing evidence to rebut the presumption," while the burden of persuasion remains with the original party. [read post]
9 Jan 2018, 1:12 am by Jani Ihalainen
The matter finally landed on the CJEU's desk, which rendered their decision in late December.As a short recap, the case of Schweppes SA v Red Paralela SL dealt with the sale of Schweppes' tonic water, for which the company owned several trademarks in many jurisdictions. [read post]
22 Jan 2015, 4:33 am
Readers will surely remember the Rihanna/Arcadia passing off litigation over that infamous T-shirt bearing RiRi's image, which resulted in Birss J ruling that "[t]he mere sale by a trader of a t-shirt bearing an image of a famous person is not, without more, an act of passing off. [read post]
21 Feb 2007, 9:31 am
Town of Palm Beach, 252 F.3d 1169, 1191 (11th Cir.2001) (finding a private right of action to seek preemption of state regulations purporting to manage public rights-of-way); TCG Detroit v. [read post]
9 May 2017, 4:59 am by Jane Chong
Yesterday afternoon, the Fourth Circuit, sitting en banc, heard two hours of argument in IRAP v. [read post]
18 Jul 2019, 8:38 am
Additionally, [plaintiff's] general job performance records reasonably bear on the defendant's stated reason for [plaintiff's] demotion[.] [read post]
26 Sep 2017, 1:09 am by Jani Ihalainen
In the light of this silence, a case has recently been referred to the CJEU, and ahead of its decision an Advocate General stepped in to provide some well-needed insight into the law and its interpretation.The case of Schweppes SA v Red Paralela SL related to the sale of soda water. [read post]
6 Jun 2016, 2:14 pm
Applying the multi-part inquiry test for admiralty tort jurisdiction stated by the Supreme Court in Sisson v. [read post]