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23 Feb 2022, 9:35 am
Notwithstanding my deep (and angry) disagreement with the self-styled moderates' repeated decisions to "punch the hippies" -- that is, to prove one's mainstream bona fides by finding this year's Sister Souljah or Lani Guinier to attack -- the new anti-progressive position is in its own way interesting, because it lands on a strategy of saving democracy. [read post]
18 May 2023, 3:00 pm
To What Does the New Act Apply? [read post]
20 Nov 2017, 7:43 am
Appellate Division Holds Supreme Court Has The Authority To Enforce Promissory Notes To A Third Party In Schorr v Schorr, 2017 WL 4892266 (1st Dept.,2017) the Appellate Division held that in calculating the child support award, the court properly imputed income to defendant by including significant funds he received from his parents to pay his expenses (see Domestic Relations Law §240[1-b][b][5][iv][d] ). [read post]
19 Jun 2013, 12:58 am
Another suggestion is to “take a harder look at the plaintiffs in these cases to see if they are proper representatives” and that they are “bona fide plaintiffs,” as “the merger litigation landscape is littered with “bad plaintiffs” who may be small holders with no real financial interest in the case or repeat “professional” plaintiffs who serve as “nothing but a figurehead for plaintiffs’ counsel. [read post]
2 Apr 2024, 2:30 pm
Insurance Law Coverage Re: Subsequent Business Decisions General Purpose of Business Interruption Insurance Cyber Risk Insurance Duty to Mitigate Summary Judgment on a Bad Faith Claim Interpretation of an Insurance Policy Meaning of the Terms “Loss”; “Incur”; and “Sole Cause. [read post]
27 Jan 2021, 3:22 pm
Importantly, a large majority (542 applications) are filed under the Section 1(b) "bona fide intent to use" filing basis, rather than based on actual current use. [read post]
20 Sep 2024, 5:05 am
On September 9, 2024, the Federal Court of Appeal did something very interesting. [read post]
3 Aug 2018, 12:17 pm
These litigation positions are contrary to a weight of bona fide authority. [read post]
28 Aug 2015, 6:45 pm
A testator's wishes regarding the appointment of a fiduciary will be honored unless there are serious and bona fide allegations of misconduct or wrongdoing (Matter of Alfano, NYLJ, May 29, 2001, at 32, col 6; Matter of Schill, NYLJ, Mar. 15, 2000, at 30, col 2; Matter of Fordham, NYLJ, Dec. 16, 1998, at 22, col 6; Matter of Fruchtman, NYLJ, Nov. 28, 1997, at 35, col 1). [read post]
21 Jun 2014, 5:45 pm
A New York Probate Lawyer said this is a proceeding where JPM Bank (JPM), co-executor, moved pursuant to CPLR §5015(a)(2) to vacate the decree admitting to probate the decedent's will dated 24 June 2005 (2005 Will) due to newly discovered evidence. [read post]
25 Nov 2014, 6:30 am
The opinion ostensibly proves the bona fides of its insistence on limits by blessing one proposed form of deferred action (for parents or spouses of US citizens and lawful permanent residents (LPRs)), while rejecting a second (for parents of DACA recipients). [read post]
2 Dec 2016, 6:24 am
AA attempted to profit off its fraud “both by deterring competitors and by subjecting Life is Beautiful to the present litigation,” undermining “the sanctity of a trademark registration system that relies on parties truthfully representing which marks are bona fide source identifiers and which are not. [read post]
29 Jun 2024, 7:51 am
The conclusions were made especially acute by the context, which appeared to make the Ethics Council suspicious of the bona fides of formal changes in structure and to assume that leverage was not adequately used to enforce compliance down a production chain.Cie de l'Odet has controlling ownership in Bolloré. [read post]
1 Jul 2021, 8:48 am
Guest Post by Rob Merges, UC BerkeleyIn the immediate, practical sense, the Minerva opinion registers like the mildest tremor on the landscape of patent law. [read post]
30 Mar 2015, 2:46 am
Although Mattel's SCRAMBLE mark was infringed, it was invalid and/or liable to be revoked, because it consisted of a sign which may serve in trade to designate a characteristic of the goods, had become customary in the language or in the bona fide practices of the trade and had become the common name in the trade for a product in respect of which it was registered. [read post]
23 Jul 2018, 5:51 am
After all, Illinois is not forcing its employees to say anything about AFSCME, about the subject matter or bona fides of the union's negotiations, or about anything else--let alone to attest to a belief in something they don't believe (nor even to display unwanted government speech as they move throughout the day, as in Wooley v. [read post]
10 Dec 2016, 6:56 am
I had assumed that one could read into the clause by implication that permission would not be refused in a bona fide and proper case where access to court—or the relevant tribunal, which may be a better way of putting it—was an issue. [read post]
30 Jan 2018, 1:42 pm
“As long as [a] party can show bona fide use and that consumers recognize the old mark as the source, there is no reason why it cannot use multiple marks at the same time. [read post]
1 Mar 2013, 5:00 am
Otherwise, if she does not have a bona fide offer of employment from a U.S. employer willing to sponsor her, then, yes in order to accompany you and stay with you in the U.S., she would need to apply for an H4 visa. [read post]
31 May 2023, 6:30 am
As early as 1860, in just the second railroad-bond case to reach the Court, the justices concluded that a bond would be held unenforceable, even in the hands of a bona fide purchaser, if it had been issued without valid legislative authorization or if any statutory conditions on issuance had not been satisfied (and the issuer was not estopped by its own representations to the contrary). [read post]
