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21 Mar 2019, 1:44 pm
This exercise needs to be carried out looking holistically and qualitatively at the copyrighted work and at the alleged infringing work.....and Plum & Posey'sIn undertaking the substantial similarity test, the judge examined pictures of the wax seal jewellery, and the items themselves. [read post]
21 Mar 2019, 12:35 pm by Carabin & Shaw, P.C.
The neurologist performed additional tests, which showed that the aqueductal stenosis had worsened. [read post]
20 Mar 2019, 10:12 am by Peter Margulies
(Other members of the plaintiff class in Preap continued his challenge.) [read post]
20 Mar 2019, 7:42 am by Steven Cohen
  The plaintiff also alleges that a lack of testing does not render his testimony as inadmissible. [read post]
19 Mar 2019, 3:13 pm by Patricia Hughes
Benoit was causing Ms Colistro, it did not intend to cause the harm and did not know that it was substantially certain that their conduct would precipitate the plaintiff’s PTSD and depression”. [read post]
19 Mar 2019, 11:15 am by Rebecca Tushnet
 (Okay, even I think an initial interest confusion claim passes the laugh test here.)For named plaintiff Buckeye Tree Lodge, from January 2015 through August 2016, 149 people landed on the Buckeye infosite page on Expedia; four of those people subsequently made a reservation with another hotel during the same visit to the website. [read post]
19 Mar 2019, 11:14 am by Thomas DeLorenzo
The defendants manufactured equipment for ships for the US Navy, on which the plaintiffs served. [read post]
19 Mar 2019, 11:09 am by Rebecca Tushnet
  “[A]n advertising claim is false if it has ‘actually been disproved,’ that is, if the plaintiff can point to evidence that directly conflicts with the claim. [read post]
19 Mar 2019, 11:08 am by Rebecca Tushnet
WestPoint sells bed sheets it advertises as 1,200 thread count sheets, but that allegedly have a 257 or 236 thread count according to a third-party laboratory test of two samples. [read post]
19 Mar 2019, 10:25 am by Eric Turkewitz
The person being examined is, after all, quite preoccupied by being probed and tested and can’t sit there and take notes. [read post]
18 Mar 2019, 2:58 pm by Foran & Foran, P.A.
 Following the surgery, the plaintiff was tested for staph bacteria, and the results came back negative. [read post]
18 Mar 2019, 11:00 am by Rebecca Tushnet
two cases (out of several involving this plaintiff)Outlaw Laboratory, LP v. [read post]
18 Mar 2019, 9:57 am by Steven Cohen
Hail considered heroin overdose, as DH’s blood was tested and there was no heroin metabolite in his blood. [read post]
18 Mar 2019, 2:58 am by Walter Olson
”)] The Snuggle is real: very long list of demands by Sarah Lawrence students occupying campus building includes consistent access to detergent and fabric softener [Sarah Lawrence Phoenix; Pamela Paresky, Psychology Today] Rather more seriously, the students demand the college reconsider the tenure status of a professor who published a mildly conservative op-ed in the NYT [Colleen Flaherty, Inside Higher Ed] Even if occasionally subverted by dishonest actors, standardized tests… [read post]
17 Mar 2019, 8:18 pm by Omar Ha-Redeye
The Court of Appeal concluded that the trial judge had erred by recognizing the tort of harassment, and in applying the test for the intentional infliction of mental suffering. [read post]
17 Mar 2019, 5:35 pm by INFORRM
The changing scope of this sector means that laws and regulations which have a bearing on the media such as defamation, privacy and competition law are constantly being tested. [read post]