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14 Nov 2007, 6:24 pm
As noted in this prior post, a Sixth Circuit panel earlier this month indicated that all three members would "strongly recommend" en banc review of the "important question" of "whether the continuing use of acquitted conduct as a sentencing enhancement violates United States v. [read post]
The district court properly evaluated the relevant likelihood of confusion factors in light of the evidence presented at trial, including overwhelming evidence of the commercial strength of VAGISIL brand products and Combe’s Eveready consumer survey and a brand recognition, or “fame,” survey (Combe Inc. v. [read post]
15 Jul 2020, 3:50 pm by A. Brian Albritton
Dear Readers:Just recently, the Eleventh Circuit largely overturned the District Court’s decision in US and State of Florida ex re Ruckh v. [read post]
26 Jul 2009, 7:26 am
In the light of the Foxtons case decision, you want to reclaim it. [read post]
18 Apr 2018, 8:07 pm by Lawrence B. Ebert
Typically, a signaling light in a traffic light system isregulated by a control unit having a solid-state relay—anelectronic switch that turns on and off the power suppliedto the light. [read post]
12 Jan 2011, 6:32 am by Daniel E. Cummins
Schwab of the United States District Court for the Western District of Pennsylvania issued a post-Koken decision in the case of Rubin v. [read post]
10 Apr 2007, 5:51 pm
" In addition, it does quote from Newman v Eagle Bldg Techs in relation to the relevance of a lead plaintiff’s location: “In light of today’s travel and communication methods, the geographical location of the [foreign lead plaintiff movants] is irrelevant. [read post]
18 Feb 2010, 10:14 am
On the other hand, applying New York law in this instance, pursuant to the doctrine of primary assumption of risk, a participant "engaging in a sport or recreational activity... consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation" (Morgan v State of New York, 90 NY2d 471, 484 [1997]; see Turcotte v Fell, 68 NY2d 432, 438-440 [1986]; Youmans v Maple Ski… [read post]
21 Oct 2010, 3:11 pm
467/08, Padawan SL v Sociedad General de Autores y Editores de España (SGAE) had just been uploaded on to the Curia website. [read post]
10 Oct 2010, 6:57 am by Gritsforbreakfast
Liberty and Justice for Y'all informs us of a potentially important and disappointing (sharply divided) decision in Brooks v. [read post]
29 Jun 2021, 11:24 am by Greg Mersol
Following the United States Supreme Court’s decision three years ago in Epic Systems Corp. v. [read post]
5 Jun 2007, 5:02 pm
The district judge in Claiborne thought that the answer was yes, in light of the Supreme Court's conversion of the Guidelines from mandatory to advisory in United States v. [read post]
30 Jun 2009, 10:19 am
They were identified as: Edgar Smith, Kimberly Smith, Edgar Smith,V and Emily Smith. [read post]
14 Jul 2008, 7:09 pm
The blawgosphere has been buzzing about the supposed death of punitive damages in light of the Supreme Court's decision in Exxon Shipping Co. v. [read post]