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28 Jun 2011, 7:12 am by Steve Shiffrin
In this respect the Court continues its unprecedented foray in United States v. [read post]
14 Mar 2018, 11:45 am by Ronald Mann
For the Oregon hypothetical, the solicitor general explains that states never have immunity in the courts of the other states, pointing to the Supreme Court’s 1979 decision in Nevada v. [read post]
Recently, ElderCounsel published a blog regarding case law out of New Jersey regarding how the state Medicaid office imposed a penalty when a home was sold for less than fair market value. [read post]
9 Aug 2010, 4:00 am by Peter A. Mahler
The case of Sassower v. 975 Stewart Avenue Associates, LLC is fast approaching poster-child status as an illustration of the headaches that can follow from poorly drafted valuation criteria in the buy-sell provision of a shareholders' or operating agreement. [read post]
26 Aug 2015, 3:52 pm
The Target pharmacy normally did not sell Norco . . . .The wholesaler (‘supplier’) typically delivered the drug orders to the pharmacy between 12:30 p.m. and 1:00 p.m. [read post]
9 Apr 2009, 9:02 am by Dave Rein
But, decisions outside of the Second Circuit held that selling a trademark as a keyword to trigger advertising does state a cause of action for trademark infringement. [read post]
12 Mar 2008, 12:36 pm
On January 28, 2008, the Fourth Circuit Court of Appeals reversed a federal district court decision that had struck down most of the regulations on the sales of alcoholic beverages imposed by the State of Washington in Costco Wholesale Corp. v. [read post]
19 Apr 2010, 7:09 am
Category: Recent Decisions;Criminal Opinions;Search and Seizure Body: State v. [read post]
18 Jul 2018, 7:12 am by Docket Navigator
Defendants summarily repeat their invalidity and non-infringement arguments and argue that [the defendant] purchased its current inventory in 'good faith,' stating that '⁠[t]he fact that the [C]ourt has found that the PVC cap . . . is an elastic fastener is, at a minimum, heavily debatable.' The Court is unaware of -- and Defendants fail to cite to -- any authority that permits an exception to a preliminary injunction on a showing of 'good faith.'"… [read post]
19 Mar 2010, 10:31 am by Kenneth J. Vanko
The first of which is obvious: blue-penciling is (in most states) discretionary and a tough sell on some judges. [read post]