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9 May 2024, 11:10 am
Woodcock, 130 Ill.App.3d 721 (1985)): 1. [read post]
9 May 2024, 9:32 am
State v. [read post]
9 May 2024, 7:00 am
In considering whether to grant such applications, the Commissioner has historically applied the standard adopted by the Court of Appeals, which requires satisfaction of at least one of the following criteria: (1) that the parties are not capable of a full and adequate presentation and that the interested non-party could remedy this deficiency; (2) that the interested non-party could identify law or arguments that might otherwise escape… [read post]
9 May 2024, 7:00 am
In considering whether to grant such applications, the Commissioner has historically applied the standard adopted by the Court of Appeals, which requires satisfaction of at least one of the following criteria: (1) that the parties are not capable of a full and adequate presentation and that the interested non-party could remedy this deficiency; (2) that the interested non-party could identify law or arguments that might otherwise escape… [read post]
8 May 2024, 1:58 pm
The court largely granted the motion to unseal (1) various motions to seal, (2) the motion to proceed pseudonymously, (3) the nondisclosure agreement, (4) a motion for sanctions, (5) the proposed amended complaint, and some related items (except for some discovery-related matters and some modest redactions of things such as the parties' names, their child's name, and other identifying information). [read post]
8 May 2024, 6:00 am
The first cause of action alleges a violation of article XI, § 1 of the New York State Constitution, the Education Article, which guarantees students an opportunity for a sound basic education. [read post]
8 May 2024, 6:00 am
The first cause of action alleges a violation of article XI, § 1 of the New York State Constitution, the Education Article, which guarantees students an opportunity for a sound basic education. [read post]
8 May 2024, 4:51 am
“To recover damages for legal malpractice, the plaintiff must establish that the attorney (1) failed to exercise that degree of care, skill and diligence commonly possessed and exercised by a member of the legal community and (2) that such negligence was a proximate cause of the loss in question” (Ackerman v Nathan L. [read post]
7 May 2024, 1:11 pm
Why TikTok thinks the law is unconstitutional Petitioners provide four grounds on which they believe the law is unconstitutional: (1) the First Amendment, (2) Article 1’s prohibition of bills of attainder, (3) the Equal Protection Clause of the Fifth Amendment, and (4) the Takings Clauses of the Fifth Amendment First Amendment: Petitioners assert that the law significantly limits their First Amendment rights, impacting both the company and the free speech rights of… [read post]
7 May 2024, 1:11 pm
Why TikTok thinks the law is unconstitutional Plaintiffs provide four grounds on which they believe the law is unconstitutional: (1) the First Amendment, (2) Article 1’s prohibition of bills of attainder, (3) the Equal Protection Clause of the Fifth Amendment, and (4) the Takings Clauses of the Fifth Amendment First Amendment: Plaintiffs assert that the law significantly limits their First Amendment rights, impacting both the company and the free speech rights of… [read post]
7 May 2024, 1:04 pm
[2] See, e.g., Bridges, 2022 WL 2643968; Melvin v. [read post]
7 May 2024, 7:43 am
Source: USPTO Rothschild moved to dismiss the complaint under the Second Circuit’s Rogers v. [read post]
7 May 2024, 6:20 am
v. [read post]
7 May 2024, 6:12 am
Building Service Employees Health, 789 F.2d at 1377 (9th Cir. 1986) 2 Spinedex Physical Therapy USA Inc. v. [read post]
6 May 2024, 9:01 pm
” Market Concentration Referencing the Herfindahl-Hirschman index (HHI) measure of market concentration, the FTC argues that the proposed acquisition will both (1) create a firm with a market share over 30 percent and increase the HHI by more than 100 points and (2) is likely to create or enhance market power as the post-merger HHI exceeds 1800 and increases the HHI by more than 100 points. [read post]
6 May 2024, 2:34 pm
The seller then has four options: 1) ignore the APEX Agreement; 2) opt into the APEX program and proceed with a third-party determining whether the product likely infringes the patent; 3) resolve the claim directly with the patent owner; or 4) file a lawsuit for declaratory judgment of noninfringement. [read post]
6 May 2024, 11:57 am
SCARFE J.P., R. v. [read post]
6 May 2024, 9:43 am
IOEngine, LLC v. [read post]
6 May 2024, 9:20 am
See James v. [read post]
6 May 2024, 8:06 am
Under that standard, courts evaluate: (1) the potential of irreparable harm to the moving party (2) the possible harm to the non-moving party if relief is granted, also referred to as the balance of the equities (3) the moving party’s likelihood of success on the merits, and (4) the public interest. [read post]
