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8 Nov 2021, 5:17 am
" It therefore bifurcated the proceeding into two phases: the first dealing with the issue of Professor Curtin's entitlement to bring a statutory cause of action, and the second phase (if necessary) dealing with the merits. [read post]
7 Nov 2021, 5:01 pm by Ronald Mann
The post Justices to examine importance of compliance with Copyright Office formalities appeared first on SCOTUSblog. [read post]
6 Nov 2021, 12:14 pm by Eleonora Rosati
However, pathos aside, this is not the case here.Without commenting on the merits and the political implications of this heart-breaking goodbye, the Alitalia-saga is interesting from a trade mark prospective as it gives us the opportunity to reflect upon the very-Italian notion of “historical trade marks of national interest” (“Historical Trade Marks”).First things first: the Italian legal frameworkIntroduced on 20 January 2020, the protection of… [read post]
5 Nov 2021, 3:57 pm by Eugene Volokh
" Therefore, the Plaintiffs have initially demonstrated a likelihood of success on the merits of their claims. [read post]
5 Nov 2021, 3:57 pm by Eugene Volokh
" Therefore, the Plaintiffs have initially demonstrated a likelihood of success on the merits of their claims. [read post]
5 Nov 2021, 5:04 am by Florian Mueller
After Nokia brought its infringement cases against OPPO in multiple jurisdictions, OPPO raised various FRAND issues with the No. 1 Intermediate People's Court of Chongqing Municipality of the People's Republic of China, with the ultimate objective of obtaining a global portfolio license on terms to be set by the Chongqing court.At first sight, the outcome is simply consistent with the UK Supreme Court's jurisdictional decisions in Unwired Planet v. [read post]
5 Nov 2021, 3:15 am by John Jenkins
I have not seen any draft rule, so I cannot speak as to its nature or merits. [read post]
4 Nov 2021, 11:41 am
This appeal follows that pattern.'"I also had some tangential comments about the merits of the case, but whatever I ran out of time. [read post]
4 Nov 2021, 5:58 am by Mark Worth
At the time the report was released, Latvian courts had not yet ruled on the merits of any retaliation case, and judges had not yet provided a “broader analysis” on protection. [read post]
4 Nov 2021, 5:58 am by Mark Worth
At the time the report was released, Latvian courts had not yet ruled on the merits of any retaliation case, and judges had not yet provided a “broader analysis” on protection. [read post]
4 Nov 2021, 5:37 am by Eugene Volokh
The assurance of fairness preserved by public presence at a trial is not lost when one party's cause is pursued under a fictitious name.[8] Nonetheless, even courts that take this view acknowledge that "there remains a clear and strong First Amendment interest in ensuring that '[w]hat transpires in the courtroom is public property.'"[9] And other courts put it even more strongly: [L]awsuits are public events and the public has a legitimate interest in knowing the… [read post]
4 Nov 2021, 5:20 am by SHG
First, they have no legal effect and are mainly issued by justices today to promote their personal ideological agendas. [read post]
3 Nov 2021, 1:38 pm by Kevin LaCroix
First, the claimants may want to try to avoid “what are perceived as onerous procedural requirements of the foreign jurisdiction,” such as, for example, requirements in some jurisdictions that claimants meet substantial minimum ownership thresholds or produce evidence of “gross” wrongdoing in order to survive a pre-filing adversarial hearing on the merits. [read post]
3 Nov 2021, 1:38 pm by Kevin LaCroix
First, the claimants may want to try to avoid “what are perceived as onerous procedural requirements of the foreign jurisdiction,” such as, for example, requirements in some jurisdictions that claimants meet substantial minimum ownership thresholds or produce evidence of “gross” wrongdoing in order to survive a pre-filing adversarial hearing on the merits. [read post]
3 Nov 2021, 12:10 pm by DONALD SCARINCI
Supreme Court heard oral arguments in person for the first time in more than 18 months. [read post]
3 Nov 2021, 10:43 am by Amy Howe
And at more than one point in the argument, the liberal justices advocated for additional proceedings in the lower court to develop more facts on how many permit applications the state has granted – a move that would, at least for now, stave off a ruling on the merits of the challengers’ claim. [read post]
2 Nov 2021, 6:59 pm
The panel will explore the strengths and challenges of framework instruments in such contexts, their normative structure and institutional design, as well as factors influencing their effectiveness in practice – providing a platform to reflect on the possible merits of a framework-style treaty in the business and human rights domain.Panellists include Prof Barbara Koremenos (University of Michigan, USA), Dr Claire Charters (University of Auckland, New… [read post]