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13 Feb 2009, 12:02 pm
However, stated this way, the claim then should be preempted by 47 USC 230; other cases have concluded that 47 USC 230 preempts non-trademark portions of the Lanham Act. [read post]
13 Feb 2009, 5:55 am
 To determine whether the work is “transformative” the Court stated: “We ask, in other words, whether a product containing a celebrity’s likeness is so transformed that it has become primarily the defendant’s own expression rather than the celebrity’s likeness. [read post]
9 Feb 2009, 10:54 am
Co., Inc., 695 F.2d 839, 846-47 (5th Cir. 1983) which sagely observed that "Judges are not ferrets! [read post]
7 Feb 2009, 5:33 am
This report covers the period from January 30 - February 5, 2009, during which time 47 new class action lawsuits were filed. [read post]
6 Feb 2009, 5:50 pm
Other Developments of Special Note 47 USC 230 * Doe v. [read post]
2 Feb 2009, 3:11 am
.: Saugus police put out a broadcast transmission report of the erratic driver, possibly headed toward Route 1. 1:47 a.m. and 38 seconds: Driver calls state police to report the car crash that claimed Cashin's life. [read post]
28 Jan 2009, 10:40 pm
The Factors under Rule 37B [47]                        I turn now to the factors under Rule 37B [read post]
27 Jan 2009, 5:15 am
  As paragraph 47 of the complaint described:   "Defendants caused the Company to expend additional assets in order to avoid loss recognition and maintain control over defaulted loans so that the individual Defendants could personally derive benefit from the Company's control over such assets. [read post]
27 Jan 2009, 12:30 am
Justices ruled that those seeking waiver of the death penalty must show records noting a defendant's mental illness began before his or her 18th birthday. [read post]
22 Jan 2009, 2:06 am
The case is part of a 47-count indictment that has led to the arrests of 14 defendants employed by the Gulf Cartel, a dominant and ruthless drug syndicate. [read post]
21 Jan 2009, 3:54 pm
" The state constitution allows family of victims to give input on a defendant's potential punishment, said Carlos Lazarus, first assistant district attorney. [read post]
17 Jan 2009, 10:52 pm
Velasco-Medina, 305 F.3d 839, 846-47 (9th Cir. 2002).After the Supreme Court's decision in Cotton, other circuits have held that failure to raise a challenge to the sufficiency of the indictment before trial demotes the attack to plain error review. [read post]
7 Jan 2009, 9:48 am
In this ruling, the court grants the defendant's anti-SLAPP motion, saying that the defendant wasn't liable for the emailed links per 47 USC 230. [read post]