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30 Aug 2012, 11:05 pm
Cases here: http://www.bankruptcylitigationblog.com/uploads/file/KeyMadoff546Cases-SDNY-2010-11.pdf … B-SDNY: Picard's common law non-fraud claims ag insiders for failure to supervise, etc, not preempted by NY Martin Act. http://www.bankruptcylitigationblog.com/uploads/file/PicardvsMadoffs-BK-SDNY-Lifland-9-22-11.pdf … B-SDNY: Wagoner & in pari delicto rules dont apply to insiders so Picard has standing sue them for common law fraud.… [read post]
20 Nov 2010, 9:19 am by Venkat
If I make no state claim, they can’t respond with the SLAPP allegation . . . thing is, they’re fighting YouTube over the federal thing right now too . . . so in my case it’s like "pick a federal law you’re accusing me of breaking" it's lose-lose for them on [DMCA] front but they can’t admit publicly that they’re filing DMCA notices b/c that would obliterate the YouTube fight they’re having… [read post]
2 Apr 2019, 8:21 am by Rebecca Tushnet
When the plaintiff doesn’t show the defendant benefited from the false advertising, disgorgement isn’t allowed even if the rest of the test favors disgorgement. [read post]
26 Mar 2014, 7:50 am by Rebecca Tushnet
” This inquiry shouldn’t really be labeled “statutory standing” either, since the absence of a valid cause of action doesn’t implicate subject matter jurisdiction.We can’t read the statute’s reference to “any person who believes that he or she is likely to be damaged” by a defendant’s false advertising literally, since that would allow anyone who satisfied Article III to sue, and we’re sure Congress… [read post]
19 Mar 2024, 6:24 am by Eugene Volokh
[W]e have a test for a determination of whether or not the First Amendment is actually violated. [read post]
14 Dec 2009, 2:45 am by SHG
We know what we're trying to accomplish, but the jury doesn't. [read post]
The FBI publicly acknowledges that it doesn’t own the fingerprints: “They’re owned by the states, by the 18,000 law enforcement agencies across this country. [read post]
30 Sep 2023, 3:56 am by SHG
Telling the public that they’re raising taxes is politically fatal. [read post]
21 Aug 2017, 3:53 am by Jamie Markham
” So, if you’re in such a hurry to get somewhere that you’re driving during totality, lights on, please. [read post]
2 Jan 2007, 10:07 am
" The brief was rejected over the dissent of Judge Judith Rogers: Judge Judith W. [read post]
16 Jul 2024, 3:28 pm by Wiggam Law
If you work for an employer, look closely at your Form W-4 and update it to either claim more allowances or directly adjust the withholding amount. [read post]
26 Apr 2014, 1:41 pm by Kelly Phillips Erb
Don’t toss those old records just because you’re the new owner of the assets. [read post]
2 Mar 2015, 3:26 am by Peter Mahler
Posted by Jay Adkisson, RISER ADKISSON LLP, Tue 2/24/2015 3:33 PM (RE: [lnet] Re: Schlossberg v Bell Builders Remodeling [MD Ct Appeals 2/20/15] - advisory opinion to Bankruptcy Court on standards for Veil [Piercing]). 3.Connecticut Light & Power Co. v. [read post]
21 Dec 2008, 9:40 pm
., and on behalf of the Official Proponents of Proposition 8 - who have been granted Intervenor status by the Court - by Kenneth W. [read post]