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27 Feb 2015, 2:34 am
The argument that the corporate structure allowed Pangyrus to retrieve an implied licence from Future Factory was rejected; the invalidity action only could have been brought by the unregistered mark's proprietor, this being the natural or legal person using the mark.The Board of Appeal also dismissed the argument that RSVP acted in bad faith at the filing of the application, according to Article 52(1)(b), in that no formal agreement between Cox and Pangyrus on the… [read post]
11 Feb 2015, 4:58 am by Joy Waltemath
The court also denied the plaintiff’s motion for class certification, finding his circumstances too unique to satisfy Rule 23 commonality and adequacy requirements (Cox v. [read post]
6 Feb 2015, 2:39 pm by Timothy P. Flynn
We shall see whether Shirvell will seek further review of the sordid mess he has created by filing an application for leave to the Michigan Supreme Court. [read post]
4 Feb 2015, 12:29 pm by Bradley Coxe
Therefore, timber cutting cases frequently benefit from an extreme application of what is known as the “discovery rule. [read post]
4 Feb 2015, 12:29 pm by Bradley Coxe
Therefore, timber cutting cases frequently benefit from an extreme application of what is known as the “discovery rule. [read post]
23 Jan 2015, 9:30 am
Following the completion of its overhaul of Rules 26(b)(1) and 37(e) (see our most recent post here), the federal Advisory Committee on Civil Rules is set to take up Fed. [read post]
19 Jan 2015, 11:19 am by Anne E. Mudge
Klein of Cox Castle & Nicholson throughout the entitlement process. [read post]
19 Jan 2015, 11:19 am by Anne E. Mudge and Linda Klein
Klein of Cox Castle & Nicholson throughout the entitlement process. [read post]
13 Jan 2015, 3:57 am by Broc Romanek
The central issue may concern the application of the “prejudgement” doctrine. [read post]
16 Dec 2014, 11:50 am by Jason Shinn
This permits a job applicant to honestly represent in a job application or to a potential employer and others that he or she has not been convicted of a crime. [read post]
12 Dec 2014, 12:21 pm by Daniel E. Cummins
Lantry to add punitive damages claims in a case involving a tractor trailer driver who was allegedly distracted by his cell phone use at the time of an accident.Collateral Estoppel Against UIM Claim After Third Party Resolution Another hot issue in the past year that troubled litigators was the repeated application of  the doctrine of collateral estoppel by Pennsylvania courts preclude a plaintiff from proceeding on additional claims arising out of the same accident. [read post]
12 Dec 2014, 6:00 am by Daniel E. Cummins
Lantry to add punitive damages claims in a case involving a tractor trailer driver who was allegedly distracted by his cell phone use at the time of an accident.Collateral Estoppel Against UIM Claim After Third Party Resolution Another hot issue in the past year that troubled litigators was the repeated application of  the doctrine of collateral estoppel by Pennsylvania courts preclude a plaintiff from proceeding on additional claims arising out of the same accident. [read post]
10 Dec 2014, 10:59 am by Steve Cornforth
A key proposal would remove the power of judges to decide whether to hear such applications. [read post]
27 Nov 2014, 6:03 am by Stephanie Woods, Olswang LLP
Mrs Cox should be placed in the same position, as she would have been in had Mr Cox not been fatally injured. [read post]
26 Nov 2014, 9:47 pm by Edward A. Fallone
He directed the Department of Homeland Security to eliminate the age cap for applications by “Dreamers,” persons who were brought to the United States by their parents when they were children. [read post]
24 Nov 2014, 10:30 am by Guest Blogger
  Whether such good faith efforts preclude invocation of presidential priorities when these priorities are compatible with underlying statutes is a harder question, as Adam Cox and Cristina Rodriguez suggest. [read post]
7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and if so how it is applied, careful counsel will… [read post]