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3 Jan 2024, 10:23 am
App’x 43, 45–46 (2d Cir. 2016) (affirming summary judgment on Lanham Act claim when “[d]iscovery revealed only one customer who arguably relied upon [defendant’s] advertising in deciding between” the defendant and plaintiff)). [read post]
3 Jan 2024, 10:15 am
super blurry Google screenshot with targeted ads that don't use plaintiff's marksThe same would be true if one got results on Samsung’s website by searching “Apple iPhone,” or on Toyota’s website by searching “Honda Civic. [read post]
3 Jan 2024, 9:38 am
Plaintiff filed a lawsuit in federal court against car maker Hyundai alleging issues airsing from Hyundai’s Blue Link and connected services. [read post]
3 Jan 2024, 8:14 am
” The plaintiff in the case, Yonas Fikre, learned in 2010 that he had been placed on the No Fly List. [read post]
3 Jan 2024, 7:54 am
But when that court declined to stay EPA’s Good Neighbor Rule while it considered the merits of the rule, the plaintiffs asked the Supreme Court to intervene. [read post]
3 Jan 2024, 6:00 am
" In this instance the Appellate Division opined that "The additional circumstances surrounding Plaintiff's termination support an inference that it was done in retaliation for [Plaintiff's] corroboration of allegations of sexual harassment against the former [Employee]. [read post]
3 Jan 2024, 6:00 am
" In this instance the Appellate Division opined that "The additional circumstances surrounding Plaintiff's termination support an inference that it was done in retaliation for [Plaintiff's] corroboration of allegations of sexual harassment against the former [Employee]. [read post]
3 Jan 2024, 5:49 am
The Plaintiff’s complained that the scaffold was defectively designed. [read post]
3 Jan 2024, 4:30 am
Later that month, the plaintiff’s supervisor walked in while she was pumping — despite a warning sign on the door and knowing that this was the plaintiff’s lactation space. [read post]
3 Jan 2024, 3:55 am
Plaintiffs do not object to the government’s role in producing any pollution or in causing any climate change; they assert the government has caused pollution and climate change on a catastrophic level, and that if the government’s actions continue unchecked, they will permanently and irreversibly damage plaintiffs’ property, their economic livelihood, their recreational opportunities, their health, and ultimately their (and their… [read post]
3 Jan 2024, 3:15 am
On its way to upholding a ruling in favor of the company to dismiss the case (which John wrote about on DealLawyers.com), the court considered a creative argument from the plaintiff that a “teary-eyed” deposition cast doubt on a director’s willingness to consider a demand to sue the company’s Chair & CEO. [read post]
2 Jan 2024, 8:45 pm
Lundbeck A/S v. [read post]
2 Jan 2024, 4:57 pm
The lead plaintiff claimed the controller caused the company to unfairly sell a litigation asset in In re Straight Path Communications Inc. [read post]
2 Jan 2024, 4:24 pm
The appellate court affirmed, concluding, among other things: The trial court heard all of the evidence, watched the videos, and concluded: "Taken in the light most favorable to the Plaintiff and considering the circumstances and the Defendants' words, tones, and gestures, the Defendants imputed crimes of moral turpitude to the Plaintiff and made statements that were actionable per se. [read post]
2 Jan 2024, 2:56 pm
Microsoft’s Challenge and the Court’s Decision Microsoft moved to dismiss the lawsuit, arguing plaintiffs lacked the necessary standing under Article III of the U.S. [read post]
2 Jan 2024, 12:56 pm
As discussed here, the plaintiff shareholder filed the lawsuit in the wake of declines in Key’s share price after bank executives announced reductions in the company’s earnings guidance, as the bank found itself required to pay higher interest rates to attract deposits. [read post]
2 Jan 2024, 12:00 pm
Jones and Stuart Kyle Duncan, also came out strong against USACE’s regulatory reach, admonishing the agency in a footnote stating that further attempts to assert regulatory jurisdiction over the plaintiff’s property could subject the agency to sanctions under the Equal Access to Justice Act’s bad faith provision. [read post]
2 Jan 2024, 10:59 am
On this and the following, the court noted that plaintiff’s counsel had made and lost similar claims multiple times in this court, and mentioned Rule 11. [read post]
2 Jan 2024, 10:58 am
The plaintiff quoted a California state court (linked above) “discussing One A Day’s 75-year work ‘convincing the public they could be trusted to divine its vitamin needs. [read post]
2 Jan 2024, 10:56 am
Once again, Judge Aiken refused to let the case die, denying the federal government's motion, save for dismissing the plaintiffs' equal protection and Ninth Amendment claims. [read post]
