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21 Jun 2023, 4:05 am by Howard Friedman
‘fundamental’ liberty interests at all, no matter what process is provided, unless the infringement is narrowly tailored to serve a compelling state interest. [read post]
21 Jun 2023, 12:00 am by Anna Maria Stein
All these evaluations reflect on the assessment on jurisdiction, essentially in order to avoid (as it was in this case) the use of fictional plaintiffs or defendants. [read post]
20 Jun 2023, 8:30 pm by Yosha Law
Sometimes, that means going all the way to a jury trial. [read post]
20 Jun 2023, 2:03 pm by Joseph T. Niczky and Michael S. Levine
The determinations of the CDC and FDA implicated plaintiff’s product during the April 2018 outbreak by identifying the growing region where plaintiff sourced its romaine lettuce, and during the November 2018 outbreak by calling for the withdrawal and destruction of all romaine lettuce. [read post]
20 Jun 2023, 12:00 pm by Phil Dixon
The verdict against the defendant was therefore affirmed in all respects. [read post]
20 Jun 2023, 10:49 am by J. Michael Goodson Law Library
Scott Lassiter, now an assistant principal in Wake County, alleges that Moore engaged in a years-long extramarital affair with the plaintiff's wife, Jamie Liles Lassiter, from whom he is now separated. [read post]
20 Jun 2023, 10:14 am by Elizabeth Howell
Megronigle, signed only by his counsel, lacked the necessary signatures of all parties and could be interpreted only as a motion to dismiss under CR 41.02(2). [read post]
20 Jun 2023, 8:58 am by Marcel Pemsel
If a counterclaim is filed, the plaintiff can consider the same questions before asking the national court to request the defendant to bring invalidity or revocation proceedings before EUIPO (Art. 128(7) EUTMR). [read post]
20 Jun 2023, 8:00 am by Rebecca Tushnet
“Organic Valley’s commitment to the highest organic standards and animal care practices helps make all our food delicious and nutritious”; 2. [read post]
20 Jun 2023, 7:59 am by Rebecca Tushnet
” (I teach that false advertising is probabilistic: if a representation is likely to deceive a substantial number of reasonable consumers, it is deceptive, even if not everyone is misled—but that conclusion is most reliable for competitor-plaintiffs, as this case shows. [read post]
20 Jun 2023, 6:08 am by Allan Blutstein
.) -- deciding that: (1) DOJ was a proper defendant, but not two DOJ components, and (2) plaintiff exhausted his administrative remedies and properly stated a claim under FOIA. [read post]
20 Jun 2023, 5:59 am by Second Circuit Civil Rights Blog
The plaintiff is suing Capital One bank, claiming that someone drilled a hole into her safe deposit box and took out all her money. [read post]
20 Jun 2023, 5:25 am by Kevin LaCroix
Supreme court consideration of these issues could provide an opportunity for Court review of a larger question, which is whether or not Section 14(a) claims may in fact be brought derivatively at all, or if they must be and can only be brought directly. [read post]
20 Jun 2023, 5:21 am by Hunton Andrews Kurth LLP
§ 143.8(b)(1) for each CEA violation, totaling $643,542 in monetary damages for all three violations in this case. [read post]
20 Jun 2023, 3:26 am by John Jenkins
Last month, the company reached an agreement with the plaintiffs to settle that litigation, and that’s when the fun began. [read post]
19 Jun 2023, 10:30 pm by Sherica Celine
However, in those cases the courts still analyzed plaintiffs' benchmark comparators, concluding that they were not meaningful. [read post]
19 Jun 2023, 3:22 pm by Larry
Friedman Contact: customslawblog@gmail.com Twitter: @customslawblog (c) 2020 All Rights Reserved. [read post]
19 Jun 2023, 2:19 pm by Josh Blackman
Did the plaintiffs put forward a comprehensive theory that accounted for all of the Court's cases regarding the line between activity and non-activity? [read post]