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1 Sep 2017, 2:30 pm
But our amicus brief, like those we have recently filed in similar cases in Texas and the Seventh Circuit, focused on the fact that orders requiring the takedown of online content are always prior restraints and will be unconstitutional except in the rare situation in which the highly demanding prior restraint test is met: The injunction here is an unconstitutional prior restraint; it prohibits speech before there has been a full and final adjudication that the speech is not… [read post]
14 Jul 2014, 11:28 am
" Practice Tip #2: The FDA's ANDA process for generic drugs has been abbreviated such that, in general, the generic drug seeking approval does not require pre-clinical (animal and in vitro) testing. [read post]
26 Aug 2013, 6:54 am
Aug. 16, 2013) Plaintiff sued a number of defendants for infringement of its trademarks. [read post]
3 Jul 2013, 9:28 am
Without the plaintiff’s consent, AND 6. [read post]
8 Jul 2018, 5:31 pm
Plaintiffs and other claimants are being deprived of benefits Congress intended to be in place by now. [read post]
22 Jan 2024, 9:00 am
The Court next examined Mylan Laboratories case that establishes that under Maryland law, a parent corporation can be treated as an alter ego of a subsidiary under the “agency” test, if the parent corporation “exerts considerable control over the activities of the subsidiary. [read post]
31 Jan 2017, 10:33 am
Tiffanyheld that “a defendant may lawfully use a plaintiff’s trademark where doing so is necessary to describe the plaintiff’s product and does not imply a false affiliation or endorsement by the plaintiff of the defendant. [read post]
24 Dec 2012, 8:55 am
Defendants argued that ECV failed to plead any specific facts indicating likely confusion according to the multifactor confusion test. [read post]
12 Apr 2018, 3:17 pm
The plaintiffs are a group of discrimination researchers, computer scientists, and journalists who want to use automated access tools to investigate companies’ online practices and conduct audit testing. [read post]
3 Aug 2012, 12:06 pm
” Specifically, plaintiffs’ e-discovery expert indicated that “there [was] no indication that [the agencies] undertook any analysis to determine whether there were other words that should have been included in their search[es], including, for example, a review of a sample set of the documents that did not contain the ... search terms” and noted an “absence of any evidence of a thoughtful process in selecting and testing search terms. [read post]
2 Jun 2019, 4:40 am
Here, a 15 second sample of song used in a political advertisement campaign by the plaintiff was used again for the purpose of a political message to be conveyed by the defendant wherein the plaintiff candidate was criticized. [read post]
21 Dec 2020, 8:00 am
Plaintiff’s experts testified that the patient’s history, symptoms, and certain tests and laboratory findings in the emergency room were consistent with toxic shock syndrome and sepsis, which ultimately caused her death. [read post]
17 Mar 2014, 7:49 am
(Interestingly, plaintiff [read post]
19 Jul 2019, 1:06 pm
” On to specifics: Ads: (1)“Bleach Indicator Test” depicting a side-by-side test of Clorox Clean Up and Lysol Daily Cleanser.. [read post]
6 Feb 2014, 10:38 am
On appeal the BOE asked the Second Circuit to overturn the District Court opinion, which held that: (1) the BOE could be subject to Title VII liability for its use of the at issue required test – the Liberal Arts and Sciences Test, or “LAST” – and that LAST violated Title VII’s disparate impact provisions as it was not properly validated; (2) that Wal-Mart v. [read post]
14 Dec 2016, 6:02 pm
The plaintiff in Ortiz v. [read post]
29 Jul 2021, 11:59 am
In a press release by Valisure, an independent testing lab in Connecticut, Dr. [read post]
31 Jan 2019, 9:22 am
The Alcotest device tests breath samples to determine blood alcohol content (BAC). [read post]
14 Dec 2016, 6:02 pm
The plaintiff in Ortiz v. [read post]
29 Feb 2024, 2:43 pm
A recent detour to the Fifth Circuit Court of Appeals vacated that decision in light of the new rule, but also remanded the case to determine whether the 2024 rule itself complies with the requirements of the Administrative Procedure Act (as the plaintiffs now claim). [read post]
