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1 Sep 2019, 8:26 am by Joel R. Brandes
“[T]he language of [section] 1914 itself ... limits standing to challenge state-law terminations of parental right to parents ‘from whose custody such child was removed’ ” (Matter of Adoption of Child of Indian Heritage, 111 N.J. 155, 179, 543 A.2d 925, 937, quoting 25 USC § 1914; see Matter of S.C., 1992 OK 98, ¶ 23, 833 P.2d 1249, 1254, overruled on other grounds Matter of Baby Boy L., 2004 OK 93, 103 P.3d 1099). [read post]
31 Aug 2019, 6:46 am
Those constraints result in a standardisation of certain features, which will thus be common to the designs applied to the product concerned (T-9/07) and that a general design trend is not a factor that restricts the designer’s freedom (T-83/14, T-84/11) The informed user is a legal fiction that must be understood, depending on each case, as an intermediate concept between the average consumer, applicable in trade mark matters, of whom no specific knowledge… [read post]
30 Aug 2019, 3:42 pm by David Post
[h/t to Paul Levy for calling my attention to this case] [read post]
30 Aug 2019, 9:47 am by JacksonWhite Law
Generally, inmates are prohibited from filing petitions repeatedly regarding the same matter. [read post]
29 Aug 2019, 4:00 am by James Côté
My own interests don’t really matter Being responsible for innovation is exciting. [read post]
28 Aug 2019, 9:19 am by Nicole Pottroff
., B-417331.2 (July 22, 2019), involved an Air Force solicitation for instructor services at Goodfellow Air Force Base in Texas. [read post]
28 Aug 2019, 8:52 am by Rebecca Tushnet
” The court thought the Ninth Circuit might be more flexible, and that the presence of “several promotional activities and the shipping of 15,000 books to retailers” might also matter. [read post]
28 Aug 2019, 5:21 am by Eugene Volokh
Both parties agree that Nehrenheim does not fall under the enumerated classifications as set forth under Civil Code §51(b). [read post]
27 Aug 2019, 4:23 am by SHG
And the law permits (but doesn’t require) such joinder. [read post]
26 Aug 2019, 9:26 am by Rebecca Tushnet
As for the Lanham Act claim, it was “certainly not unreasonable as a matter of law” that a consumer would believe the term “used” doesn’t apply to unopened goods, and thus consumers could be misled by Cisco’s private definition of the term. [read post]
26 Aug 2019, 3:44 am by Peter Mahler
The case is Matter of Shiel (CoolFrames, LLC), in which I represented the prevailing company and the respondent members. [read post]
23 Aug 2019, 4:25 am by Rob Robinson
Predictive Coding Technologies and Protocols (Survey Backgrounder) As defined in The Grossman-Cormack Glossary of Technology-Assisted Review (1), Predictive Coding is an industry-specific term generally used to describe a technology-assisted review process involving the use of a machine learning algorithm to distinguish relevant from non-relevant documents, based on a subject matter expert’s coding of a training set of documents. [read post]
21 Aug 2019, 5:03 am by Eugene Volokh
P. 24(b) before the return date of any motion to seal or otherwise restrict public access or to obtain public access to materials or judicial proceedings filed under seal. [read post]