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29 Oct 2021, 4:30 am by Eric Segall
Almost one-third of those involved the rights of criminal defendants. [read post]
28 Oct 2021, 2:56 pm by Eugene Volokh
The court rejected the defendant's argument that his accusations were protected because they related to an issue of public interest. [read post]
28 Oct 2021, 2:04 pm by Daniel Shaviro
Optimal tax theory (OTT), which it discusses next, then goes the rest of the way in that direction.2. [read post]
28 Oct 2021, 10:10 am by Venkat Balasubramani
The court says FullStory does not become a participant to the conversation by virtue of having recorded it. [read post]
28 Oct 2021, 8:15 am by Miquel Montañá (Clifford Chance)
The complainant filed an appeal, in response to which the defendant also appealed the judgment insofar as it had not fully upheld the revocation counterclaim. [read post]
28 Oct 2021, 8:15 am by Miquel Montañá (Clifford Chance)
The complainant filed an appeal, in response to which the defendant also appealed the judgment insofar as it had not fully upheld the revocation counterclaim. [read post]
28 Oct 2021, 6:00 am by Jacob Sapochnick
DOS Q&A Session with Charlie Oppenheim: November 2021 Visa Bulletin Projections & Beyond The Top 4 Advance Questions Sent in By Listeners Q: Last month you said there was a 7% per country limit and seemed to defend the policy which I believe is a discriminatory rule. [read post]
27 Oct 2021, 11:41 am
Many defendants are unaware that they may be able to have their arrests expunged if they meet certain criteria. [read post]
27 Oct 2021, 11:34 am by Eric Goldman
The court recaps Trump’s arguments: (1) the FDUTPA claims constitute a localized controversy that will affect how the Defendants engage in business in Florida; (2) several Plaintiffs, including Trump, are residents of Florida; (3) the bargaining positions between Twitter and its users weighs against a transfer, (4) Justice Clarence Thomas’s concerns regarding Section 230 in an opinion on a petition denying a writ of certiorari; and (5) recent case law weighs against a… [read post]
27 Oct 2021, 9:15 am by John Elwood
United States, 19-7862Issues: (1) Whether, because the age at which a capital defendant became intellectually disabled does not bear on his moral culpability, the U.S. [read post]
27 Oct 2021, 8:30 am by Lawrence B. Ebert
“[A] disclaimer does not remove the disclaimed matter from the mark,” nor does “a Section 2(f) claim . . . remove matter from the mark. [read post]
27 Oct 2021, 6:21 am by Michael C. Dorf
Although it is possible to win by losing, I generally think one does better to win by winning. [read post]
27 Oct 2021, 3:57 am by Russell Knight
“To properly plead a cause of action in breach of contract, a plaintiff must allege the essential elements which are: (1) the existence of a valid and enforceable contract; (2) performance by the plaintiff; (3) breach of the contract by the defendant; and (4) resultant injury to the plaintiff. [read post]
26 Oct 2021, 6:58 pm by The Clinton Law Firm
Plaintiff alleged that (1) defendant’s representation of plaintiff was deficient and that this led to plaintiff’s conviction and (2) defendant owed plaintiff compensation for withdrawing from the case prematurely, refusing to refund fees paid, and forcing plaintiff to pay for new counsel. [read post]