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15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's… [read post]
22 Feb 2022, 2:33 am
In re Eagle Crest Inc., 96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc., 129 USPQ2d 1148, 1149-50 (TTAB 2019). [read post]
30 Aug 2010, 9:06 pm by A. Benjamin Spencer
Wal-Mart Stores, Inc. focuses on new developments in the law of class action certification. [read post]
26 May 2010, 4:48 am by Lawrence B. Ebert
Wal-Mart Stores, Inc., 575 F.3d 1312, 1319- 20 (Fed. [read post]
22 Mar 2016, 3:30 pm by Wystan Ackerman
The Court distinguished the “Trial By Formula” method that was rejected in Wal-Mart Stores, Inc. v. [read post]
26 Jan 2022, 4:49 am
Although "color is usually perceived as ornamentation," color on product packaging may be "inherently distinctive if '[its] intrinsic nature served to identify a particular source.'" Wal-Mart Stores, Inc. v. [read post]