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5 Dec 2008, 11:24 am
I published an article in the most recent edition of the John Marshall Review of Intellectual Property Law surveying the application of the Twombly "plausibility" pleading standard, in place of the former any set of facts regime, to patent cases -- The Uneven Application of Twombly in Patent Cases: An Argument for Leveling the Playing Field (click here to read it). [read post]
29 May 2008, 7:17 am
Unfortunately for practitioners, however, the court did not address the potential applicability of the Supreme Court's eBay decision to the commonly-applied presumption of irreparable harm in trademark cases, making it the second circuit court to pass on the issue (the Eleventh Circuit did likewise last month).More concerning Paulsson Geophysical Servs., Inc. v. [read post]
9 Apr 2021, 11:16 am
People harmed by medical malpractice have the right to pursue damages, but they must do so within the applicable statute of limitations. [read post]
21 Jun 2021, 5:02 pm
In other words, simply demonstrating that the defendant deviated from the applicable standard of care is not sufficient to present a successful malpractice case. [read post]
8 Jul 2021, 6:31 am
While parties can seek compensation for harm suffered during birth, they must abide by any applicable procedural rules, and if they do not, they may waive the right to recover damages. [read post]
31 Jul 2023, 3:02 pm
Given that reality, it is unsurprising that the array of applicants for work in New York includes far more than just New Yorkers. [read post]
13 Jun 2016, 2:16 pm
When employers asked about criminal records on the job application, they called white applicants slightly more often than identical black applicants - but that small gap became more than four times larger, and statistically significant, after "ban the box" went into effect. [read post]
31 Oct 2016, 8:35 am
The Court also examined the application of the ECHR to persons within the jurisdiction. [read post]
30 Dec 2017, 3:18 pm
”The grave risk inquiry “involves not only the magnitude of the potential harm but also the probability that the harm will materialize. [read post]
3 Jun 2008, 4:15 am
Such action was wholly within the reasonable control of applicant. [read post]
16 Jun 2011, 1:25 am
If you don't have any external information, then you're in a great position to establish a new, diligence routine for vetting harmful individuals from your pet project. [read post]
30 Aug 2010, 3:14 pm
Double counting occurs when “one part of the [Sentencing] Guidelines is applied to increase a defendant’s punishment on account of a kind of harm that has already been fully accounted for by application of another part of the [Sentencing] Guidelines. [read post]
11 Nov 2009, 5:49 am
Perhaps this middle ground that has been established - somewhere in between intuition and ignorance â€" is a necessary one; but it will require careful co-ordination and guidance within the staff room to ensure effective application in the classroom. [read post]
27 Oct 2020, 7:54 am
A state court in Pennsylvania also denied a request for a similar injunction, finding that the plaintiffs had not demonstrated that the injunction was necessary to prevent them from suffering irreparable harm. [read post]
16 Oct 2020, 6:01 am
Insurance companies typically incorporate intentional harm exclusions into their homeowners’ insurance policies, which allow them to deny coverage where the insured intentionally causes bodily injury or property damage. [read post]
18 Sep 2023, 6:47 am
Second, the plaintiff must meet the other generally applicable requirements for injunctive relief: that it will suffer irreparable harm and that a balancing of the parties’ interests and the public’s interest favor awarding an injunction. [read post]
23 Sep 2012, 3:00 am
However, their felony charge remains on their records even if their application is approved. [read post]
23 Sep 2012, 3:00 am
However, their felony charge remains on their records even if their application is approved. [read post]
13 Nov 2015, 2:30 am
From that perspective, fair compensation must be regarded as recompense for the harm suffered by that author".The CJEU added that such finding is supported by the argument based on the requirement that Member States be consistent in the application of the exceptions.The Court then considered whether reproductions made for private use and for ends that are neither directly nor indirectly commercial by natural persons and those made by other users and/or for other ends… [read post]
29 Apr 2024, 11:31 am
Ct. 2023) involved an application to extend an order of protection. [read post]
