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21 May 2021, 6:39 am by Molly Lockwood
In the meantime, the officers and the police union filed an action challenging the civilian oversight agency’s refusal to provide the demanded materials under POBRA. [read post]
19 May 2021, 12:47 pm by John Elwood
., 20-866, involving lawsuits against pension-fund fiduciaries; and two-time relist Ericsson Inc v. [read post]
19 May 2021, 5:01 am
KCake Acquisition, Inc. that ordered the defendant buyers to specifically perform their agreement to acquire DecoPac Holdings, Inc. [read post]
17 May 2021, 1:03 pm by Kevin LaCroix
”[xxi] Most recently, on May 4, 2021, a Delaware Chancery Court refused to apply the Garner exception in a derivative case involving the 2018 approval of Tesla’s CEO Elon Musk’s compensation plan. [read post]
13 May 2021, 2:24 pm by Kevin LaCroix
”  Claims under Section 11 or 12 of the ’33 Act for materially misleading offering materials are subject to a one-year limitations period and general anti-fraud claims under Sections 10(b) of the ’34 Act and SEC Rule 10b-5 are subject to a two-year limitations period. [read post]
12 May 2021, 8:08 pm by John Elwood
Court of Appeals for the 8th Circuit’s refusal to permit Ernest Johnson, after the Supreme Court’s decision in Bucklew was issued, to amend his complaint to propose a previously-used alternative method of execution warrants summary reversal. [read post]
3 May 2021, 4:22 am by Peter J. Sluka
”  Lard-PT’s refusal to close on the discounted sale constituted a material breach, excusing Kolmar’s performance. [read post]
30 Apr 2021, 3:26 am
  May 18, 2021 - 11 AM: In re BFY LLC, Serial No. 88606855 [Section 2(e)(1) refusal to register the mark MULTEEZ for "Homeopathic pharmaceuticals, namely, vitamins," on the ground of mere descriptiveness.]May 25 2021 - 1 PM: In re Herman Miller, Inc., Serial No. 88027008 [Refusal to register a three-dimensional product configuration of a chair on the ground of de jure functionality under Section 2(e)(5).] [read post]
27 Apr 2021, 5:53 pm by Peter S. Lubin and Patrick Austermuehle
The Court rejected this basis for refusing to respond to valid discovery requests finding that “a party’s mere assertion that certain material is exempt from discovery is not sufficient to confer upon such material a privilege against document production. [read post]
23 Apr 2021, 3:21 am
In re Spiritual Warrior Inc., Serial No. 88459695 (April 21, 2021) [not precedential] (Opinion by Judge Marc A. [read post]
21 Apr 2021, 10:32 am by John Elwood
Scott, 20-257Issue: Whether a district court may consider factors other than the presence of a single material question of law or fact common to a group of employees when assessing whether the employees are “similarly situated” for purposes of the collective-action provision of the Fair Labor Standards Act. [read post]