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8 Oct 2014, 2:38 pm by John Stigi
  It also noted that Congress had chosen to create an express private right of action in Section 36(b), which “strongly impli[ed]” the absence of that right in Section 36(a), which has no express right. [read post]
23 Oct 2012, 9:46 am by Jeff Vail
Acuff-Rose Music, Inc., 510 U.S. 569, 590 (1994). [read post]
20 Sep 2020, 12:50 pm by Tobias Lutzi
In BMW of North America, Inc v Gore (517 US 559 (1996)), she dissented from another decision reviewing an allegedly excessive punitive-damages award and argued that the Court should ‘resist unnecessary intrusion into an area dominantly of state concern. [read post]
28 Apr 2010, 1:12 pm by WIMS
Access the MMS website for the project for complete background information and extensive documents (click here).Waste Information & Management Services, Inc. [read post]
31 Mar 2015, 7:19 am by Joy Waltemath
Because ERISA contains an express provision that preempts any state laws that relate to any employee benefit plan, the U.S. [read post]
13 Sep 2010, 12:21 pm
Education Finance Partners and Affiliated Computer Services, Inc., plaintiff Fensterstock commenced a class action lawsuit in the Southern District of New York against Education Finance Partners and Affiliated Computer Services for engaging in fraudulent and deceptive practices in connection with the issuance of student loans.Lawsuit by deaf employee based on failure to provide sign language interpreter sent to jurySheppard Mullin Richter & Hampton LLPIn a recent… [read post]
2 May 2018, 2:38 pm by Scott Hervey
  In ruling on the motion to dismiss, the court noted that fictional elements of expressive works (like a movie) can function as trademarks because those elements can symbolize the creator of the expressive work (i.e., the movie maker) or its products to the general public. [read post]
21 Jul 2024, 9:06 pm by Dru Stevenson
The Supreme Court reversed again, based on the standard set forth in Bantam Books, Inc. v. [read post]
27 Dec 2012, 1:25 pm by Craig Hoffman
  Even service providers to banks are subject to direct CFPB enforcement under the Dodd-Frank Act. [read post]
26 Mar 2013, 4:27 pm by Lisa Baird
Congress has expressed concern that PODs could create conflicts of interest and safety concerns for patients. [read post]
3 Mar 2014, 5:41 pm by Harry Cole
It makes no reference at all to broadcasting, as opposed to “telecommunications services” and “information services”, so its applicability to broadcasting is open to question. [read post]
4 Feb 2013, 3:11 pm
A split in authority had developed between the Appellate Division, First and Second Departments, on this issue given the Departments' interpretation of the case of Hoffman Plastic Compounds, Inc. v NLRB which was decided sometime in 2002. [read post]
3 May 2015, 10:53 pm
Scott Evans (Adobe Systems Inc), then took the floor. [read post]