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22 Sep 2017, 3:22 am
" The agreement does not expressly exclude Lanham Act claims or any statutory claims. [read post]
10 Jan 2012, 8:29 am
Pp. 2–10. [read post]
10 Sep 2020, 10:15 am
What does that mean? [read post]
10 Sep 2020, 10:15 am
What does that mean? [read post]
8 Jul 2024, 9:54 am
Issue Does a district court have specific personal jurisdiction over an out-of-state declaratory judgment defendant where the defendant notifies the declaratory judgment plaintiff that its e-commerce sales into the district allegedly infringe the defendant’s patents and requires certain actions from the plaintiff (i.e., by invoking Amazon’s APEX Agreement process)? [read post]
30 Nov 2023, 6:52 am
Next the court considered (2), as defendant argued the events constituted one long assault. [read post]
23 Aug 2016, 4:00 am
As a result, DOE did not give Muller [1] a certification of satisfactory completion of probation and [2] discontinued her probationary employment. [read post]
29 Jan 2013, 3:15 pm
On 2 August 1999, at approximately 7:30 a.m., the defendant came to her residence on Ward's Island and insisted that she speak with him. [read post]
12 Jul 2012, 2:52 am
How does this happen? [read post]
8 Sep 2011, 9:19 am
Plaintiff CML asserted the following derivative claims against the present and former members of JetDirect Aviation Holdings, LLC: (1) the individual defendants breached their duty of care by approving the late 2007 acquisitions (of other entities) without informing themselves of JetDirect’s true financial condition, (2) the individual defendants acted in bad faith by consciously failing to implement and monitor an adequate system of internal… [read post]
22 Aug 2014, 4:29 am
Brown, 2009-849 K CR, NYLJ 1202663548244, The defendant was convicted, after a trial of Driving While Ability Impaired (New York VTL 1192 [1], a violation), Driving While Intoxicated (New York VTL 1192 [2], the “per se” DWI involving a .08 or greater BAC), Driving While Intoxicated (New York VTL 1192 [3]), the “common law” DWI that does not require a BAC reading), and Reckless Driving (New York VTL 1212). [read post]
6 Aug 2014, 4:00 am
And under today’s decision they must be set aside.In fact, under the majority’s holding, it does not even matter if the attorney upon returning to the courtroom does object and does seek corrective actionbecause as soon as a single answer is given in his absence an absolute, conclusive, irrebutable presumption of prejudice arises. [read post]
13 Jun 2018, 8:11 am
Ross provides three opinions: 1) The sheriff’s office administrators have not resigned their responsibility in implementing and developing policies; 2) The administrators have trained their officers to commensurate with their correctional duties; and 3) a pattern of overuse of the TASER does not exist at the detention center. [read post]
16 Oct 2014, 11:05 am
” The court further stated that the mere fact of injury does not evidence negligence. [read post]
9 Sep 2013, 3:11 pm
A removing party does not need to rely upon traditional diversity to access the federal courts. [read post]
27 Jul 2015, 1:22 pm
If the defendant is told that the particular term is likely to be unenforceable, its inclusion does not necessarily invalidate the plea. [read post]
25 Jun 2010, 5:30 am
Co., No. 07-1817 (JNE/JJG), 2009 WL 1703224, at *2 (D. [read post]
15 Jul 2024, 9:05 pm
ENDNOTES [1] https://www.bakermckenzie.com/-/media/files/insight/publications/2024/the-year-ahead-report-2024.pdf. [2] See In Re Vivendi Universal, S.A. [read post]
15 Apr 2010, 8:57 am
(See Part 2 of 5.) [read post]
15 Apr 2010, 12:05 am
Novell also retained the right to instruct SCO to amend, supplement, modify or waive the rights in the APA and if SCO does not comply, Novell can exercise such rights directly. 2. [read post]