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Ninth Circuit Rejects Airline’s Constitutional Challenges to California’s Wage Statement Statute
15 Feb 2021, 11:14 am by Matthew Goodman
Harris, 729 F.3d 937, 948 (9th Cir. 2013). [read post]
Employment Class Action Blog - http://www.employmentclassactionreport.com/
[Eugene Volokh] Publishing Another Newspaper's Spiked Story: Copyright Infringement or Fair Use?
14 Feb 2021, 5:01 am by Eugene Volokh
" F. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Annotated translation of referral to ECJ of availability of preliminary injunctions over battle-untested patents: Munich I Regional Court
14 Feb 2021, 1:11 am by Florian Mueller
Regional courts hear patent infringement cases in the first instance, but defendants do not have a full invalidity defense: instead, under Germany's infamous "bifurcation" system, the regional courts assess the likelihood of invalidity, and if their standard is met, they order a stay pending the parallel validity determination. [read post]
FOSS Patents - http://www.fosspatents.com
[Ilya Somin] Trump's Second Acquittal and the Limits of Impeachment
13 Feb 2021, 1:05 pm by Ilya Somin
For many decades, the 1868 impeachment of Andrew Johnson was seen as a grave error, and John F. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Synchronoss loses appeal at CAFC on 35 U.S.C. § 112, paragraph 2
12 Feb 2021, 2:43 pm by Lawrence B. Ebert
See Williamson, 792 F.3d at 1352. [read post]
IPBiz - http://ipbiz.blogspot.com/
Carl Cranor’s Inference to the Best Explanation
12 Feb 2021, 12:59 pm by admin
Evidence does not equal eminence, and expert witnesses in court must show their data and defend their inferen [read post]
Tortini - http://schachtmanlaw.com/blog/
U.S. Court of Appeals for the Eleventh Circuit, Acrylicon USA, LLC v. Silikal GmbH, Docket No. 17-15737
12 Feb 2021, 12:56 pm
., 318 F.3d 1284, 1290–91 (11th Cir. 2003). [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
New York Post-Mortem Right of Publicity Signed into Law
12 Feb 2021, 12:05 pm by Joe Rosenbaum
Russen, 513 F. [read post]
LegalBytes - http://legalbytes.com
Implementors must be given access to FRAND agreements: Delhi High Court, Part 2
12 Feb 2021, 8:55 am by Vaishali Mittal (Anand and Anand)
Furthermore, if the scope of inquiry shifts to assessing whether executed third-party agreements are FRAND, would not each Defendant argue that they are not? [read post]
Kluwer Patent Blog - http://patentblog.kluweriplaw.com/
Restrictive Covenants May Be Enforceable Against Physician
11 Feb 2021, 9:19 am by Jay R. McDaniel, Esq.
The defendant Dr. [read post]
The Business Divorce Law Report - https://www.thebusinessdivorcelawyer.com/
Implementors must be given access to FRAND agreements: Delhi High Court, Part 1
11 Feb 2021, 8:16 am by Vaishali Mittal (Anand and Anand)
In order to assess this, Courts determines whether the offer made to the Defendant is comparable with third-party FRAND agreements. [read post]
Kluwer Patent Blog - http://patentblog.kluweriplaw.com/
COVID Disaster Declaration Continues to Increase Punishment for Certain Crimes
9 Feb 2021, 7:28 pm by Melody McDonald Lanier
Can a Defendant Face Multiple Enhancements? [read post]
Versus Texas Criminal Defense Blog - https://www.versustexas.com/blog/
Comments on the “SAFE TECH” Act
9 Feb 2021, 11:52 am by Eric Goldman
(The bill redline shows this information-to-speech change in two places, but the second redlined change (in Section 230(f)(3)) isn’t in the bill). [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
District court erred by: (1) failing to inquire into reasons for defendant's dissatisfaction with appointed counsel; (2) failing to make independent determination regarding consulation between defendant and appointed counsel about PSR; (3) imposing certain conditions of supervised release; and imposing special assessment under JVTA
9 Feb 2021, 11:41 am
Senke, __ F.3d __, 2021 WL 244056 (3d Cir. [read post]
Third Circuit Blog - http://circuit3.blogspot.com/
Despite equitable concerns, property was not subject to criminal forfeiture where third party's interest in forfeited property was superior to defendant's interest
9 Feb 2021, 9:45 am
Lucas, __ F.3d __, 2021 WL 193073 (3d Cir. [read post]
Third Circuit Blog - http://circuit3.blogspot.com/
Heightened standard of proof for "willfully" element does not apply to every charge brought under the Federal Election Commission Act (FECA)
9 Feb 2021, 9:21 am
Curran, 20 F.3d 560 (3d Cir. 1994), the Court agreed that the heightened standard of willfully applied to prosecutions under the aiding and abetting (18 U.S.C. [read post]
Third Circuit Blog - http://circuit3.blogspot.com/
Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress
9 Feb 2021, 8:46 am by Devin C. Reid and Nicholas D. Simon
  They later brought suit against BP and several other defendants, alleging negligent infliction of emotional distress. [read post]
The Energy Law Blog - http://www.theenergylawblog.com/
Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress
9 Feb 2021, 8:46 am by Devin C. Reid and Nicholas D. Simon
  They later brought suit against BP and several other defendants, alleging negligent infliction of emotional distress. [read post]
The Energy Law Blog - http://www.theenergylawblog.com/
Appellate courts don't like to second-guess trial court attorneys' fees rulings in civil rights cases
9 Feb 2021, 8:35 am by Second Circuit Civil Rights Blog
County of Albany, 522 F.3d 182 (2d Cir. 2008). [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
[Eugene Volokh] Anonymous Business Plaintiffs in Patent Knockoff Case?
9 Feb 2021, 5:01 am by Eugene Volokh
Does 1-254, as Identified in Exh. 2, decided Saturday by Judge Matthew F. [read post]
The Volokh Conspiracy - http://www.volokh.com/