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17 Jun 2023, 3:45 am
For the Court, the plaintiff’s allegations supported the inference that the defendants blocked the plaintiff from the Facebook page because they did not like what she had said about their policies. [read post]
16 Jun 2023, 4:19 pm
.): Plaintiff … is unable to counter Defendants' showing that enforcement of the Dress Code was undertaken to protect the invasion of the rights of other students to a safe and secure educational environment. [read post]
16 Jun 2023, 3:00 pm
The heart of the company’s case alleged that the component seller “breached the agreement to supply Plaintiff with conforming sets by the prescribed deadlines. [read post]
16 Jun 2023, 12:30 pm
Seventh Circuit: No need to answer that question, because plaintiffs haven't adequately pleaded a claim for negligence. [read post]
16 Jun 2023, 12:11 pm
It further refused to view all potentially valuable actions as kickbacks. [read post]
16 Jun 2023, 10:40 am
After two long years, all charges were dismissed due to what the criminal judge called a “woeful lack of evidence. [read post]
16 Jun 2023, 6:07 am
They don't win all the time, but the win frequently enough to suggest that maybe they are not always getting a fair shake in the district courts. [read post]
16 Jun 2023, 5:00 am
Geico case, rejected the argument by the plaintiff that the Gallagher decision should be read as having served to invalidate the exclusion in all cases in Pennsylvania. [read post]
16 Jun 2023, 4:33 am
At least as applied to the plaintiff in the case. [read post]
16 Jun 2023, 4:00 am
Several include no written policy commitments at all. [read post]
15 Jun 2023, 9:01 pm
Plaintiffs in AI-generated work cases may, depending on the circumstances, be in a position to fairly argue that the use of the artist’s name and/or trademarks in connection with the AI-generated work serves as a designation of source, thus foreclosing the application of the Rogers test at all. [read post]
15 Jun 2023, 8:29 pm
That’s about all there is to it. [read post]
15 Jun 2023, 8:00 pm
We all know those. [read post]
15 Jun 2023, 6:02 pm
Friedman Contact: customslawblog@gmail.com Twitter: @customslawblog (c) 2020 All Rights Reserved. [read post]
15 Jun 2023, 12:27 pm
The federal district court ruled for the plaintiffs, holding that ICWA is unconstitutional, but a three-judge panel of the U.S. [read post]
15 Jun 2023, 12:10 pm
Katz (1968) 68 Cal.2d 512, 528), and that the question involves two interrelated factors: (1) the likelihood plaintiff will prevail on the merits, and (2) the relative balance of harms likely to result from granting or denial of the injunction. [read post]
15 Jun 2023, 10:42 am
The bill provides an exception for a person selling a business, disposing of all of the person’s ownership in a business, or selling all or substantially all of a business’s operating assets, where the person is a substantial owner, member, or partner in the business when the person agrees to the non-compete clause, although such non-compete clauses “would remain subject to federal antitrust law as well as all other applicable law. [read post]
15 Jun 2023, 7:12 am
Earlier this year, legislation was proposed in New York that would effectively ban all post-employment noncompetes. [read post]
15 Jun 2023, 6:13 am
Not that all such cases fail. [read post]
15 Jun 2023, 5:20 am
But the Equal Protection Clause does not require villages to enforce their ordinances in every instance in order to retain the ability to enforce them at all. [read post]