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17 Jan 2017, 2:35 am by Matrix Legal Support Service
The pleas of state immunity fail, as the interests or activities covered by the UN Convention on Jurisdictional Immunities of States and their Property 2004, art 6(2)(b) do not include reputational damage suffered by foreign states if it is proven that foreign officials acted contrary to their own laws. [read post]
24 Sep 2019, 12:12 am
 Concerning the first factor, the Defendants argue that The Picasso Project included information about the photographed works, such as their titles, literary references, provenance, current ownership and sales information that is generally not included in the Zervos and that it is intended for academic and art collectors. [read post]
28 Jun 2018, 11:51 pm
The judgment merely states thatcat conceptually confused “it is sufficient to recall that, according to settled case-law, the repute of a trade mark is relevant, in assessing the likelihood of confusion, only as regards the repute of the earlier mark”, citing Gitana v OHIM — Teddy (GITANA), T‑569/11 (2013) (para 98). [read post]
25 Apr 2022, 6:30 am by Public Employment Law Press
Further, said the Appellate Division, in determining whether a challenged statement is opinion or fact, the factors to be considered by courts are: "(1) whether the specific language at issue has a precise, readily understood meaning; "(2) whether the statements are capable of being proven true or false; and "(3) whether either the full context of the communication in which the statement appears or the broader social context and surrounding circumstances are such as to… [read post]
25 Apr 2022, 6:30 am by Public Employment Law Press
Further, said the Appellate Division, in determining whether a challenged statement is opinion or fact, the factors to be considered by courts are: "(1) whether the specific language at issue has a precise, readily understood meaning; "(2) whether the statements are capable of being proven true or false; and "(3) whether either the full context of the communication in which the statement appears or the broader social context and surrounding circumstances are such as to… [read post]
4 Aug 2006, 8:40 am
State,849 N.E.2d 556, 562 (Ind. 2006); Williams v. [read post]
25 Nov 2011, 6:30 pm by Jeffrey Brown
The Sixth Circuit weighed in on a circuit split, finding that a ban of pornographic materials as part of a defendant's conditions of release was vague and overbroad in United States v. [read post]
25 May 2021, 2:55 am by Colby Pastre
States were never intended to tax international income, and doing so raises serious constitutional issues in many states. [read post]
16 Feb 2011, 3:52 am by Vicky Conway
The leading case on the issue is the House of Lords judgment in the 2004 case of R v. [read post]
21 Jun 2011, 12:15 pm by Russell Engler
From an Access to Justice and Civil Right to Counsel perspective, the Supreme Court’s decision in Turner v. [read post]