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5 Mar 2024, 5:40 am by Unknown
The plaintiff in the related case bought shares on the day Slack went public and later, but his complaint did not allege the purchases were traceable to the registration statement that he claimed was misleading.The Supreme Court concluded that the statutory context of Securities Act Section 11 required the plaintiff to trace his shares to the allegedly misleading registration statement. [read post]
4 Mar 2024, 10:50 am by Rebecca Tushnet
Although this wasn’t a two-player market, the evidence (including trade organization membership and Albion’s own offers to distributors) suggested that Newborn and Albion were direct competitors. [read post]
4 Mar 2024, 9:08 am by Marcel Pemsel
The CJEU found that national copyright can be infringed by acts abroad, in particular where a dealer based abroad directs advertising towards the country for which copyright protection is claimed and creates or makes available a specific delivery system and specific payment methods and allows purchasers to have the infringing goods delivered in the country for which copyright protection is claimed. [read post]
28 Feb 2024, 7:47 am by David McLain
  Either way, it is a step in the wrong direction and an overt benefit to one class of people, not homeowners, but attorneys who make their money by suing Colorado’s homebuilding industry. [read post]
27 Feb 2024, 10:30 am by Eugene Volokh
[The plaintiffs claimed that 15-year-old Bella Herndon committed suicide because of the film.] [read post]
26 Feb 2024, 12:30 pm by Kevin LaCroix
The third reason—which was not really present in 2022 but became noticeable in 2023—is the fact that many plaintiffs opted not to bother with an SCA but to instead bring their claims in Delaware as direct-action breach of fiduciary duty suits. [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
Even when judges blast specific plaintiffs, they still aren’t taking the corrective action—they aren’t applying their reasoning to other cases or other Ds, they aren’t imposing sufficient penalties to deter. [read post]
22 Feb 2024, 12:06 pm by Eric Goldman
” The court replies: the evidence falls considerably short of demonstrating that customers were drawn to purchase Cox’s internet service, or continued to use that service, because it offered them the ability to infringe Plaintiffs’ copyrights. [read post]
21 Feb 2024, 4:00 am by Rebecca Tushnet
WCT became convinced it needed a new direction and focused on developing an app for the Apple Watch. [read post]
15 Feb 2024, 9:22 am by centerforartlaw
Agents often earn a small commission from the works that their principals purchase, while a seller or dealer keeps the difference between what they purchased the work for and what they made off it.[12] B. [read post]
13 Feb 2024, 11:53 am by Phil Dixon
The district court denied that motion, and the plaintiff appealed. [read post]
12 Feb 2024, 9:01 pm by renholding
It may well be the case that the ruling bears directly on an issue of political significance with little or no obvious direct relevance for businesses or commercial conduct. [read post]
12 Feb 2024, 9:08 am by Marcel Pemsel
“: Purchasing USA-based hosting for a site that is not legal to be run in America is not a sensible thing to do. [read post]
12 Feb 2024, 6:07 am by Kevin LaCroix
The new complaint, a copy of which can be found here, arguably represents a new direction in ERISA liability litigation, perhaps the next big thing after all of the ERISA excess fee litigation. [read post]
8 Feb 2024, 10:18 am by Rebecca Tushnet
It was also plausible that, had they known of the Fee, plaintiffs “would not have been willing to pay as much for their music plans” or “would not have purchased music plans at all. [read post]
7 Feb 2024, 8:25 pm by jordan
If the property is a residential home, the court will direct its sale, as splitting it in half is not feasible. [read post]
5 Feb 2024, 10:06 am by Kevin LaCroix
In 2008, SPCA filed a separate lawsuit against the underlying plaintiff for violating certain rules and regulations, and the plaintiff responded by filing a counterclaim alleging discriminatory conduct, harassment, breach of fiduciary duty, and failure to accommodate his disability. [read post]
2 Feb 2024, 3:00 am by Jim Sedor
It is the largest single purchase of political advertising by a super PAC in the nation’s history. [read post]
29 Jan 2024, 10:48 pm by Aaron Moss
Here’s why the plaintiffs’ complaint might not get very far in court. [read post]