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12 Feb 2019, 10:35 am by Rebecca Tushnet
  But Goodyear predated the Lanham Act by more than half a century and didn’t apply the current primary significance test; the court here declined to adopt a bright line rule. [read post]
12 Feb 2019, 10:32 am by Rebecca Tushnet
”  But covertness has never been an element of the commercial speech test. [read post]
12 Feb 2019, 5:45 am by Michael Barber
This change in the complaint shifts the test for standing from an “increased-risk-of-harm theory” to a “purchaser standard. [read post]
11 Feb 2019, 2:05 pm by Rebecca Tushnet
  In a footnote, the court warned: “The Court seriously questions Plaintiff’s decision to bring this suit if the only support she has for this claim is what she has seen on the internet, or her own rudimentary testing. [read post]
11 Feb 2019, 2:02 pm by Rebecca Tushnet
Lack of clarity is in part b/c in the old notice regime forfeiture and abandonment were pretty similar, but more recent cases call out abandonment as its own thing, with a test drawn from personal property: they say abandonment requires an intent to surrender all or some rights in a work; need some overt act that evidences that intent. [read post]
11 Feb 2019, 3:30 am by Eric B. Meyer
The Plaintiff tests positive for marijuana after a workplace accident, at which time she discloses that she has a medical marijuana card. [read post]
11 Feb 2019, 3:02 am by Edgar (aka MrConsumer)
*MOUSE PRINT: The ingredients atatement says that it contains “natural flavor” but tests done by the plaintiffs indicate that the soda did not contain key components one would normally find in ginger root. [read post]
10 Feb 2019, 6:03 am by Mark S. Humphreys
  Under the test, insurers maintained the right to deny invalid or questionable claims and would not be subject to liability for an erroneous denial of a claim. [read post]
8 Feb 2019, 6:58 am by Seyfarth Shaw LLP
 Over time, employers may expect the plaintiffs’ class action bar to test and refine theories to obtain class certification in “managerial discretion” cases. [read post]
7 Feb 2019, 2:52 pm by Rob Robinson
” The process consists of several steps, including collection and analysis of documents, training the computer using software, quality control and testing, and validation. [read post]
After adopting specific security controls, it is important for an organization to incorporate those controls into its internal-facing policies and procedures, and to test for compliance with those controls. [read post]
7 Feb 2019, 5:05 am by Cari Reichenbach
Even if evidence of social security or pension payments were to be allowed, the evidence is only admissible for the limited purposes of testing the credibility of the plaintiff’s assertion. [read post]
6 Feb 2019, 1:37 pm by Sophia Cope
Under defamation law, typically each new publication of a defamatory statement triggers a new claim and the running of the statute of limitations, potentially restarting the clock several times, to the benefit of the plaintiff. [read post]
6 Feb 2019, 12:53 pm by Daniel Tokaji
Anderson prescribed a balancing test, under which the burdens on voting and association should be weighed against the state’s interest. [read post]