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16 Feb 2024, 12:30 pm by John Ross
It's not often that a case is thrown out because (1) the plaintiffs lack standing, (2) the case is moot, and (3) the case is not ripe. [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff. [read post]
16 Feb 2024, 12:00 pm by Eugene Volokh
The Court finds Plaintiff's Counsel's factual recitation concerning the origin of the Fictitious Case Citations to be truthful and accurate. [read post]
16 Feb 2024, 11:27 am by John Elwood
Meanwhile, other plaintiffs brought the suit now known as Garcia v. [read post]
16 Feb 2024, 10:01 am by Alexandria Amerine
” Given Delaware’s recent shift from its typically non-compete friendly stance, the Delaware Supreme Court’s ruling is beneficial for employers. [read post]
One of the plaintiffs, Jane Doe, is a high school student whose teacher refused to address her by her correct first name. [read post]
16 Feb 2024, 9:11 am by Brett S. Krantz
There the company challenged the AAA’s automatic fee rules. [read post]
16 Feb 2024, 6:48 am by Rebecca Tushnet
Under Lexmark, “a plaintiff suing under [the false advertising provision of the Lanham Act] ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising,” which is usually accomplished by showing that the defendant’s “deception of consumers cause[d] them to withhold trade from the plaintiff. [read post]
16 Feb 2024, 5:35 am by Andrew Lavoott Bluestone
This contractual obligation forms the basis of plaintiffs instant claims of legal malpractice against defendants. [read post]
16 Feb 2024, 4:40 am by Eric B. Meyer
The plaintiffs problem on the failure-to-accommodate claim was that the defendant showed good faith by offering him comparable positions, but he summarily rejected them. [read post]
16 Feb 2024, 4:10 am by SHG
The district court granted summary judgment in favor of defendants, holding principally that plaintiffs shout was not protected by the First Amendment because he did not know he was addressing a police officer, and that all of his claims were barred by the existence of probable cause–or at least arguable probable cause sufficient to give the officers qualified immunity–for plaintiffs arrest So… expression is only… [read post]
16 Feb 2024, 4:10 am by Howard Friedman
According to Plaintiffs, this allegedly “sham” process is what enabled the coercive and discriminatory treatment of the Class Members while their accommodation requests sat unadjudicated. [read post]
16 Feb 2024, 4:00 am by Howard Friedman
  The County’s policy of selective enforcement against the Plaintiffs, if left unchecked, will effectively shutter one of the now only two orthodox Jewish gathering spaces on the Big Island. [read post]
16 Feb 2024, 3:30 am by John Jenkins
The plaintiffs alleged that since the results disclosed were for a completed quarter, they should not be regarded as forward looking statements. [read post]