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11 May 2016, 4:03 am
Belmora's FLANAXBased on its reading of the Supreme Court’s Lexmark decision, the lower court had dismissed Bayer’s Section 43(a) false association and false advertising claims under FRCP 12(b)(6) and entered judgment on the pleadings as to Bayer’s Section 14(3) claim, ruling that the Lanham Act does not allow an owner of a foreign mark not registered in the United States, who does not use the mark in the United States… [read post]
17 Jun 2011, 10:24 am by John Bellinger
” The panel’s very cautious approach to application of the ATS to non-state actors may be some indicator of how the DC Circuit might address the question of corporate liability under the ATS, which a different panel (but that also includes Judge Rogers) is currently considering in Doe v. [read post]
2 Feb 2011, 7:22 am by Kiran Bhat
The petition of the day is: Title: Barr v. [read post]
1 Apr 2013, 3:59 pm
§ 1326 has given rise to so many cases is because it defines a crime in part by what the government does (find an alien who has reentered the United States without permission) instead of solely by what the criminal does. [read post]
22 Feb 2011, 6:55 am by Kiran Bhat
” In today’s second case, United States v. [read post]
16 Aug 2010, 8:55 am
  Not only does this decision invent a new jurisdictional requirement that does not exist in the statute, but it also contradicts how courts around the country - including the United States Supreme Court - have interpreted CAFA since its enactment. [read post]
13 Jun 2024, 8:52 pm by Demetrius J. Robinson
United States will require closely-held business owners to reconsider their current buy-sell arrangement in order to avoid additional federal estate tax. [read post]
19 Apr 2013, 9:04 am by admin
Said case is controlling in the states of Maryland, North Carolina, South Carolina, Virginia, and West Virginia but can be used as a persuasive authority throughout the United States. [read post]
3 Mar 2011, 9:19 am by Calvin Massey
  So, does speech become of public concern simply because it attracts a news camera? [read post]
7 Aug 2022, 6:57 am by Joel R. Brandes
Respondent argued that under Ozaltin, which she stated is “the leading case” on this issue, an award of fees is clearly inappropriate because she acted in good faith when she and the children remained in the United States. [read post]
13 Aug 2008, 12:12 pm
United States, No. 08-170. [read post]
21 May 2007, 2:37 pm
Three weeks ago, in No. 05-1345, United Haulers Association v. [read post]