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25 Aug 2022, 4:57 am by Zak Gowen
The second noteworthy decision came less than two weeks later, when—in what may yet lead to an interesting postscript—the Court of Justice of the European Union (“CJEU”) handed down judgment in Volvo AB (publ.) and DAF Trucks NV v RM, C-267/20, EU:C:2022:494, another cartel damages case raising limitation issues. [read post]
24 Aug 2022, 4:14 pm by INFORRM
Of the 100 new claims issued in the M&C List between 1 January and 30 June 2022 85 were Part 7 claims. [read post]
24 Aug 2022, 11:55 am by Eric Goldman
Otherwise, if you do think all of this is dumb, I will remind you of two facts: 1) The California legislature is poised to add a lot of new work to the CPPA’s docket via AB 2273, even though (a) the CPPA can’t handle the workload it already has, (b) the work would be outside of the CPPA’s privacy expertise, and (c) the draft regulations already raise questions about the CPPA’s ability to serve the best interests of Californians. 2) The CPPA and many of… [read post]
24 Aug 2022, 11:18 am by Eugene Volokh
An injunction pending appeal also serves the broader public interest. [read post]
24 Aug 2022, 5:34 am by Eleonora Rosati
While it has ruled that no such public interest arises when a publication is only aimed at titillating the public, it has also recognized that public interest can inter alia subsist in connection with sporting issues.Turning to the second criterion, the ECtHR has held that for well-known persons, the role or function of the person concerned and the nature of the activities that are the subject of the report and/or photo constitutes an important factor. [read post]
24 Aug 2022, 5:01 am by Eugene Volokh
"[11] And in principle, the same argument could arise with regard to lawsuits that stem from, say, altercations at bars or casinos, filed by plaintiffs whose religious communities frown on alcohol or gambling;[12] lawsuits over interest-bearing debt transactions filed by plaintiffs whose religious communities condemn such transactions; or divorce suits—or for that matter any claims that would require mentioning a litigant's divorce—when the litigant's religious… [read post]
24 Aug 2022, 4:00 am by Administrator
The case at bar is an interesting hybrid. [read post]
23 Aug 2022, 5:50 pm by Howard Knopf
It will be interesting to see whether future courts look more to ESA or to earlier cases like CCH when confronted with this issue.10) Finally, this decision may or may not have some potential application to infringement cases, given the closing comment from Justice Rowe:  [113]  Before concluding, I would note that the value of these rights is not in issue in this appeal. [read post]
23 Aug 2022, 5:34 pm by Mark Tushnet
The completed entries for letters A, B, and C (the first seemingly near complete, the third clearly still in progress) were published in the Yale Law Journal in 1985. [read post]
23 Aug 2022, 9:08 am by Eugene Volokh
To establish standing, a party must allege facts sufficient to show that it—rather than a third party or the public at large—was personally injured and has a sufficient relationship with the lawsuit to have a justiciable interest in its outcome. [read post]
23 Aug 2022, 8:45 am by Jonathan H. Adler
Because the permit and fee requirements penalize far more speech than necessary to advance the government's asserted interests, they run afoul of the First Amendment. [read post]
The regime of acquiescence, said the CJEU, pursues the objective of striking a balance between the conflicting interests, and ensures that the protection conferred by an earlier trademark remains limited to cases where the owner shows itself to be sufficiently vigilant by opposing the use of signs by other operators likely to infringe its mark (cf. at §47). [read post]
22 Aug 2022, 6:41 am by CMS
The Young Lawyers’ Committee (YLC) is constituted by young lawyers, trainees, policy workers, paralegals, and law students with a keen interest in human rights law, who work together to provide essential training and resources for young people considering a career in human rights. [read post]
22 Aug 2022, 5:56 am by Rachel Margolis
Lawyers for the defense repeatedly denounced in public statements the apparent partiality of the presiding judges and accused the Public Prosecutor’s Office of serving private business interests. [read post]