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15 Oct 2021, 9:00 am by Riana Harvey
A claim in passing off could therefore not be sustained to protect goodwill that any reasonable person would consider to be trivial (Laddie J in Sutherland v V2 Music Ltd, [22]).Wenman claimed that her business was small but profitable, and that she had, since 2010, used the signs in question as descriptors of herself and the services she provided.In light of the evidence and submissions presented, HHJ Clarke was satisfied on the balance of probabilities that the columns in… [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
14 Oct 2021, 1:56 pm by Anthony B. Cavender
On September 15, 2021, EPA’s Water Office issued a memo rescinding a January 2021 guidance document that purported to provide the regulatory community with EPA’s understanding of the Supreme Court’s Clean Water Act ruling in the case of County of Maui v. [read post]
14 Oct 2021, 11:08 am by John Elwood
§ 841(a)(l) as defined in United States v. [read post]
13 Oct 2021, 6:51 pm by Lawrence B. Ebert
In addition to requesting a remand under United States v. [read post]
Various tests are administered in an attempt to determine your capacity to work in sedentary, light, medium, or heavy strength demand occupations. [read post]
Regarding exhaustion, the court reasoned that because the County’s hearing notice did not provide any notice of the CEQA grounds it would used to comply with CEQA, as stated in Tomlinson v. [read post]
Regarding exhaustion, the court reasoned that because the County’s hearing notice did not provide any notice of the CEQA grounds it would used to comply with CEQA, as stated in Tomlinson v. [read post]
In light of the DOJ’s promise to use the FCA to improve cybersecurity, federal contractors should refamiliarize themselves with the Supreme Court’s 2016 holding in Universal Health Services, Inc. v. [read post]
In light of the DOJ’s promise to use the FCA to improve cybersecurity, federal contractors should refamiliarize themselves with the Supreme Court’s 2016 holding in Universal Health Services, Inc. v. [read post]