Search for: "Direct Purchaser Plaintiffs, interested parties"
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13 Nov 2023, 5:05 am
Environmental Perils: From Tropical Storms to Wildfires The days when art collectors could simply purchase general insurance policies are fading. [read post]
13 Nov 2023, 4:07 am
(More recent authority echoing Widewaters includes Doyle v ICON, LLC, 103 A.D.3d 440, 959 N.Y.S.2d 200(1st Dept. 2013), where the First Department wrote, “Plaintiff’s allegations that he has been systematically excluded from the operation and affairs of the company by defendants are insufficient to establish that it is no longer ‘reasonably practicable’ for the company to carry on its business, as required for judicial dissolution under [LLCL] § 702. [read post]
8 Nov 2023, 1:26 pm
Second, modern confusion covers not just confusion over the source of goods or services but, in many cases, confusion over whether the plaintiff’s permission was required or whether there is some sort of undefined “affiliation” between the parties. [read post]
31 Oct 2023, 4:57 pm
Unjust Enrichment and Quantum Meruit For both Gushue and Designs by Marlynn, the primary difficulty with a claim of unjust enrichment is that Haxton never directly received anything of value from either party: everything Haxton acquired was the result of the purchase of the restaurant corporation’s assets from Hobson. [read post]
30 Oct 2023, 8:51 am
That still does not negate the negligence — both direct and vicarious liability. [read post]
29 Oct 2023, 11:26 am
”…Most individuals who use email are likely familiar with having engaged with an entity one time (such as by purchasing a particular product) only to have that entity send numerous other emails, many or all of which are no longer relevant or wanted. [read post]
16 Oct 2023, 5:01 am
In another incident, an NAACP member took a bottle of whiskey from a black man who had purchased it in a white-owned store. [read post]
9 Oct 2023, 1:52 pm
The $55 million settlement covering 475 distributors is a very high per plaintiff result. [read post]
9 Oct 2023, 10:17 am
Advertisers don’t have to advertise to consumers who aren’t likely to be interested in products not meant for them. [read post]
9 Oct 2023, 4:22 am
Plaintiff was cautioned about the importance of this issue at trial and was directed to provide authority in her post-trial brief demonstrating that privity is not required to obtain rescissory relief. [read post]
26 Sep 2023, 9:01 pm
”[20] Thus, like the district court, on de novo review the Second Circuit applied the Reves factors: Motivations of the Parties. [read post]
25 Sep 2023, 3:50 am
In 2018, Brightstar—one of Harvestar’s biggest customers and a seller of refurbished phones—purchased a 51% controlling stock interest in Harvestar. [read post]
24 Sep 2023, 9:01 pm
Simpson (“Shen”).[6] In particular, SB 264 contains three separate sections prohibiting covered foreign persons from owning or acquiring interests in land in Florida: Section 692.202 states that “foreign principals” cannot “directly or indirectly own, have a controlling interest in, or acquire by purchase, grant, devise, or descent” any “agricultural land” in the state.[7] The term “foreign principal” captures,… [read post]
11 Sep 2023, 9:01 am
” At the close of plaintiff’s evidence at trial, the court granted a directed verdict. [read post]
11 Sep 2023, 4:37 am
Since the Supreme Court’s two opinions broke no significant new ground concerning the oppression claim vis-à-vis the prior appellate ruling that I posted about previously, in this post I’m going to focus instead on the more interesting clash of the majority and concurring opinions over the plaintiff’s direct claim for breach of fiduciary duty. [read post]
10 Sep 2023, 7:49 am
It marks the moment when defendants become obligated to defend their interests. [read post]
1 Sep 2023, 2:55 pm
Under intermediate scrutiny, a law must be "narrowly tailored to serve a significant governmental interest[,]"which means it must advance that interest without "sweep[ing] too broadly" or chilling more constitutionally protected speech than is necessary, and it must not "raise serious doubts about whether the statute actually serves the state's purported interest" by "leav[ing] [out]" and failing to regulate "significant… [read post]
21 Aug 2023, 2:32 am
In this context, the plaintiff was required to substantiate two key elements: 1) protectable ownership interest in the mark; and (2) the defendant’s use of the mark is likely to cause consumer confusion. [read post]
15 Aug 2023, 8:22 am
Such consideration would weigh heavily in favour of parties with great financial means and against parties with legitimate interests which require the court’s protection, but without any significant financial means. [read post]
11 Aug 2023, 9:37 am
For example, a currency swap allows two parties to exchange interest payments and principal amounts denominated in different currencies. [read post]
