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5 Oct 2020, 11:14 am
The Court held that when evaluating confusion, the first impression test must be applied at the moment when the consumer first encounters the domain name and not at the consumer’s arrival at the website. [read post]
5 Oct 2020, 11:14 am
The Court held that when evaluating confusion, the first impression test must be applied at the moment when the consumer first encounters the domain name and not at the consumer’s arrival at the website. [read post]
5 Oct 2020, 8:17 am
The key part of Roberts’s opinion sets forth a brand new four-factor balancing test for evaluating the validity of congressional subpoenas seeking personal information of the president. [read post]
5 Oct 2020, 3:45 am
The prosecutor called the arresting officer who testified that the defendant failed the standard field sobriety tests and appeared to be under the influence. [read post]
3 Oct 2020, 12:12 pm
The restaurant then announced on July 1, 2020, that it had learned an employee tested positive for COVID-19 and that it would close so that employees could get tested and the restaurant could be professionally cleaned. [read post]
2 Oct 2020, 4:27 pm
Second, regarding the statutory language of the EPGA, plaintiffs' argument that an emergency must be short-lived and the Legislature's argument that the EPGA was only intended to address local emergencies were textually unconvincing. [read post]
2 Oct 2020, 12:17 pm
Factors two and three of the fair use test help define the boundaries of technical interchange fair use. [read post]
2 Oct 2020, 8:56 am
Healthy test applies. [read post]
1 Oct 2020, 11:03 pm
According to this, Donald Trump has tested positive for the coronavirus. [read post]
1 Oct 2020, 1:00 pm
If the DOL’s new independent contractor rule is finalized, plaintiffs’ attorneys may argue that the rule should face similar scrutiny from the courts. [read post]
30 Sep 2020, 11:01 am
In short, the Court held that defendant trespassed on plaintiff’s property when they failed to abandon operations after plaintiff terminated the operational licenses. [read post]
30 Sep 2020, 9:09 am
This quote, however, did not set out “a two-test method,” but rather “two illustrations of how a plaintiff who has learned the hard way that a company’s statements were deceptive can have standing under Article III to enjoin the deceptive practice. [read post]
30 Sep 2020, 5:00 am
Itri’s nationwide practice has focused on representing plaintiffs in various settings — including securities and consumer class actions; antitrust; and cases involving patient harm. [read post]
30 Sep 2020, 4:00 am
The plaintiffs must still satisfy the requirements set out in the CPA and provide, at the very least, some evidence of compensable loss. [read post]
29 Sep 2020, 3:29 pm
Instead, the courts have created “an unpredictable and inconsistent facts-and-circumstances test very much like the one that the Court rejected in Morrison. [read post]
28 Sep 2020, 4:15 pm
The Court emphasized that this Public Interest Balancing Test is the “crux” or “heart” of the analysis. [read post]
28 Sep 2020, 12:55 pm
It was another test as to whether or not it was what he wanted to be doing with his life. [read post]
28 Sep 2020, 12:12 pm
The high court evaluated the balancing test applied by the town in making its decision, and ruled that the town followed the law and was within its discretion to determine that approving the proposed development was in the town’s best interest. [read post]
28 Sep 2020, 10:02 am
Event Announcements (More details on the Events Calendar) Monday, September 28, 2020, at 10:00 a.m.: The Brookings Institution will host an online event on whether presidential debates matter in election outcomes. [read post]
28 Sep 2020, 9:00 am
The defendants did not offer the plaintiff any diagnostic or laboratory tests that would screen for cancer. [read post]