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8 Jun 2020, 3:27 am
. * * * * Signing of one-page contract to rent car didn’t bind customers to arbitration clause in “rental jacket”. https://www2.ca3.uscourts.gov/opinarch/183780p.pdf Scent sprayer patent was obvious. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1659.Opinion.5-19-2020_1590336.pdf Grant of right to use trademark in divorce didn’t create “naked license” without quality controls and therefore didn’t abandon trademark.… [read post]
7 Jun 2020, 9:00 pm
Given limited testing and tracing protocols, the element of causation may be particularly challenging. [read post]
7 Jun 2020, 10:45 am
"[O]nce a defendant alleges that (1) a plaintiff's certificate of registration contains inaccurate information; (2) 'the inaccurate information was included on the application for copyright registration'; and (3) the inaccurate information was included on the application 'with knowledge that it was inaccurate,' a district court is then required to submit a request to the Register of Copyrights ... [read post]
7 Jun 2020, 1:17 am
Plaintiff’s counsel, however, failed to alert his client. [read post]
6 Jun 2020, 12:43 pm
But the Hughes panel upheld the trial court’s grant of summary judgment because the plaintiffs failed to establish medical causation. [read post]
6 Jun 2020, 9:16 am
Jettisoning past precedent that examined the “subjective good faith” of the officer who committed the alleged violation, the Harlow court adopted a new test framed in “objective terms. [read post]
5 Jun 2020, 12:30 pm
Celebreeze test. [read post]
5 Jun 2020, 11:18 am
”[17] The witness’s own protocol included taking a medical history, performing a physical examination, and determining what tests were required. [read post]
5 Jun 2020, 9:21 am
In doing so, the court rejected efforts by the plaintiff’s bar to modify the standard in an effort to make it easier to clear the summary judgment hurdle. [read post]
4 Jun 2020, 8:03 pm
So on the server test, no sublicense is needed; embeds are noninfringing. [read post]
4 Jun 2020, 7:58 am
The court evaluates the standard three-element test for Section 230: ICS Provider. [read post]
4 Jun 2020, 7:13 am
The test is whether there was employer compulsion, explicit or, more importantly, implicit and whether the activity primarily benefits the employer, rather than the employee. [read post]
4 Jun 2020, 3:30 am
One of their hopes—and hypotheses in need of testing—was that video would provide powerful evidence in excessive force cases. [read post]
4 Jun 2020, 12:21 am
They highlighted the fact that the Blue Bell board met monthly; regularly reviewed reports relating to manufacturing operations from the company CEO and VP of Operations; engaged a third-party laboratory and food safety auditor to test facilities for dangerous contaminates; and had distributed a sanitation manual with standard operating and reporting procedures. [read post]
3 Jun 2020, 10:09 am
The Free Exercise Clause should not turn on this sort of ad hoc balancing test. [read post]
3 Jun 2020, 9:15 am
Thus, any device making a claim about efficacy without having been tested against COVID-19, or a harder-to-kill virus, may violate FIFRA. [read post]
3 Jun 2020, 8:15 am
John Elwood reviews Monday’s relists. [read post]
2 Jun 2020, 10:35 am
Expert witness opinions about the nature and cause of plaintiffs’ medical conditions, are the linchpin of mass tort cases involving claims of bodily injury from allegedly harmful products. [read post]
2 Jun 2020, 3:31 am
The plaintiff argued it was consensual. [read post]
1 Jun 2020, 5:00 pm
They want to wash their hands of liability and leave plaintiffs with nowhere to go. [read post]
