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16 Feb 2024, 12:13 pm
The Court is very clear about this: there is only one definition of use in commerce in the statute, and it applies to both what the plaintiff must do to claim rights and what the defendant must do to violate those rights. [read post]
16 Feb 2024, 12:13 pm
The attorneys at Klein Moynihan Turco have a wealth of experience in all aspects of TCPA compliance and defense. [read post]
16 Feb 2024, 12:00 pm
On November 1, 2023, all counsel appeared in person before the Court for oral argument on the Motions to Dismiss filed by Defendants W. [read post]
16 Feb 2024, 11:50 am
Prejudicial Testimony On appeal, the defendant’s argument that the testimony regarding his prior conviction, the protective order, and his incarceration was all prejudicial ultimately failed. [read post]
16 Feb 2024, 11:27 am
That’s all of the new relists. [read post]
16 Feb 2024, 11:15 am
All of this might cause victims considerable pain and suffering, which is also compensable. [read post]
16 Feb 2024, 9:40 am
The Ninth Circuit opinion doesn’t show the defendants’ screenshots, but the lower court opinion did: As you can see, these are old-school clickthrough agreements. [read post]
16 Feb 2024, 7:43 am
” She called on staff union representatives to “steer away from defending and supporting staff who are engaging in abuse, negligence and dereliction of duty. [read post]
16 Feb 2024, 7:19 am
It argued that, because all of the statements are currently still available on Lashify’s website, these were continuous violations. [read post]
16 Feb 2024, 7:01 am
The BSCC said in the meeting that they will give the Probation Department 60 days notice to either make all the changes necessary to be in compliance or vacate the locations unless all violations are fixed. [read post]
16 Feb 2024, 7:00 am
You must also prove that you incurred damages because of the injury caused by the defendant, which is why you should also keep all records pertaining to medical costs and expenses. [read post]
16 Feb 2024, 7:00 am
For present purposes, I’d like to divide my commentary into a few observations about form before getting to the all-important substance of Post’s chapters on socio-economic regulation. [read post]
16 Feb 2024, 6:48 am
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, 6:05 am
As detailed in extensive reports, repressive regimes and government actors around the world have used spyware to track and intimidate human rights defenders, journalists, activists, political opponents, and other government officials. [read post]
16 Feb 2024, 5:37 am
Respondents do not defend the legal reasoning of the Court of Appeals. [read post]
16 Feb 2024, 5:35 am
The question of privity, near-privity and equitable subrogation are all taken up in great detail. [read post]
16 Feb 2024, 4:32 am
A U.N. agency that monitors and defends human rights was ordered to leave Venezuela yesterday by the government of President Nicolás Maduro. [read post]
16 Feb 2024, 4:27 am
I would wager the agency struggled to defend in its position in the first place precisely because company names are inherently “identifying” and not intrinsically “commercial. [read post]
16 Feb 2024, 4:10 am
On the other hand, would it be any less protected speech if all five words shouted at an asshole were “asshole”? [read post]
16 Feb 2024, 4:10 am
” That is because Defendants have announced no changes to its overarching religious accommodations process. [read post]