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26 Sep 2022, 3:26 am
A pleading of fraud requires an allegation that the defendant “knowingly” made a specific false statement. [read post]
25 Sep 2022, 1:12 pm
” Karpel, supra, at *2. [read post]
24 Sep 2022, 9:06 am
Such a restatement does not, thereby, waive Defendant’s section 230(c)(1) immunity. [read post]
23 Sep 2022, 9:39 am
The main application had already led to another European patent (EP 2 822 751), which, however, had initially not been invoked by Graf Synergy. [read post]
23 Sep 2022, 8:30 am
“Defendant’s use of a watermark does not constitute false CMI. [read post]
23 Sep 2022, 6:30 am
In an exchange with a Latvian lawyer who defended a citizenship requirement, he was left wondering if “the specific circumstances of Latvia” required a reassessment of her “tribal parochialism,” one that “might have implications even for our own, very different, political situation here in the United States. [read post]
23 Sep 2022, 4:59 am
Thus, in Cupp, the Texas court applied the law of the Fifth Circuit, noting that it had recognized two types of communications protected under the common interest doctrine: (1) communications between co-defendants in actual litigation and their counsel; and (2) communications between potential co-defendants and their counsel. [read post]
22 Sep 2022, 1:55 pm
Stamer works closely with employer and other plan sponsors, insurance and financial services companies, plan fiduciaries, administrators, and vendors and others to design, administer and defend effective legally defensible employee benefits and compensation practices, programs, products and technology. [read post]
22 Sep 2022, 10:00 am
In order to prove a trade dress infringement claim, a plaintiff must show: (1) the trade dress is nonfunctional, (2) the trade dress has acquired secondary meaning, and (3) there is a substantial likelihood of confusion between [the plaintiff’s] and [the defendant’] products. [read post]
22 Sep 2022, 9:54 am
Certainly, patents are important to pharmaceutical companies, as they regularly defend them in the courts. [read post]
22 Sep 2022, 9:05 am
Because section 706(2) does not tell courts to give a remedy of vacatur as setting aside, that provision does not call for a universal remedy. [read post]
22 Sep 2022, 8:12 am
Regarding defendant’s situation, the court pointed out that “[d]efendant does not cite, and we cannot find, any North Carolina caselaw where a police response to a domestic disturbance or an emergency call involving threats of self-harm was deemed outside law enforcements’ official duties. [read post]
22 Sep 2022, 7:02 am
No. 133, at *2 (W.D. [read post]
22 Sep 2022, 6:11 am
The damages that are awarded must be paid by the United States Government as the defendant in these cases. [read post]
22 Sep 2022, 5:47 am
“Four elements are required to establish tortious interference with a contractual or business relationship: (1) the existence of a business relationship or contract; (2) knowledge of the business relationship or contract on the part of the defendant; (3) an intentional and unjustified interference with the business relationship or procurement of the contract’s breach; and (4) damages to the plaintiff as a result of the interference. [read post]
22 Sep 2022, 5:01 am
Most of these statutes require that the defendant know, at the time of publication, that the proscribed information is false (or act with reckless disregard as to its falsity). [read post]
22 Sep 2022, 3:25 am
The lawsuit reminds other employers and their drug testing, recruiting, staffing and other business partners that a positive drug test does not always justify refusing to hire, firing, or taking other adverse employment action against an applicant or employee. [read post]
21 Sep 2022, 6:26 pm
She also represents and defends clients in investigations, audits, enforcement actions and other dealings with the the Department o [read post]
21 Sep 2022, 3:49 pm
And at no time does Fox say that Henry was fired because of any of Eckhart's specific allegations or that Fox deemed them to be true…. [read post]
21 Sep 2022, 10:32 am
"); Doe #1 v. [read post]
