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14 Oct 2016, 8:16 am
What I find strange about that is that under the guise of interpreting the statute, we’re going to say that Congress slammed the door on apportionment by using “total profits” but opened the door wide by incorporating “article of manufacture,” allowing the same thing through a different analytical route, which seems policy-driven result.You could say it’s still good policy to rely on article of manufacture b/c avoids absurd results, such as the cupholder… [read post]
28 Jun 2016, 12:30 pm
Wal-Mart Canada Corporation) the Plaintiff sued the Defendant for personal injuries after a slip and fall incident. [read post]
3 Jun 2016, 6:13 am
PLM products are sold at large-scale retailers such as Costco, Wal-Mart, and Walgreens, as well as Hispanic grocery stores such as El Super and Vallarta and a variety of other retail outlets, in about 30 states. [read post]
4 Feb 2016, 8:33 pm
The Yahoo opinion should also be contrasted with the Supreme Court decision in the Wal-Mart case, highlighted on these pages, which required the production of extensive information regarding board deliberations, including an exception to the attorney/client privilege. [read post]
9 Nov 2015, 7:09 am
Wal-Mart Stores, Inc. v. [read post]
6 Nov 2015, 9:33 pm
(The Wal-Mart cases apparently are being held for the ruling in the Tyson case.) [read post]
29 Sep 2015, 8:29 am
Wal-Mart Stores, Inc., 138 F.3d 1437 (Fed. [read post]
20 Aug 2015, 12:23 pm
Victims include the Kathie Lee Gifford apparel line licensed to Wal-Mart as well as toy company Mattel. [read post]
12 May 2015, 3:26 pm
., Inc. 90261J137 UBS Yield Optimization Notes with Contingent Protection linked to Apple, Inc. 90261J145 UBS Yield Optimization Notes with Contingent Protection linked to Adobe Systems, Inc. 902619824 UBS Yield Optimization Notes with Contingent Protection linked to Schlumberger, Ltd. 902619832 UBS Yield Optimization Notes with Contingent Protection linked to Corning Incorporated 902619840 UBS Yield Optimization Notes with Contingent Protection linked to Cisco Systems, Inc. 902619857 UBS… [read post]
19 Mar 2015, 5:53 am
A showing of acquired distinctiveness is required, says Wal-Mart, unless the feature may be considered product packaging (or, as in the recent monster truck case, trade dress for services). [read post]
6 Jan 2015, 10:11 am
Easy: Wal-Mart Stores Inc., pre-Jay Jorgensen overhaul (separating compliance from legal, and many other important and savvy reforms). [read post]
8 Dec 2014, 10:45 am
But Warner Bros. needs to license its rights to Netflix, Amazon, Wal-Mart, etc. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
6 Oct 2014, 4:28 am
Moreover, since 1993, Opposer has operated McDonald’s restaurants inside Wal-mart stores.Considering the relevant du Pont factors, the Board found confusion likely and it sustained the Section 2(d) claim. [read post]
25 Sep 2014, 6:57 am
That’s what a Minnesota statute — now being challenged before the Minnesota Court of Appeals — does: Subdivision 1. [read post]
20 Sep 2014, 1:06 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
12 Aug 2014, 9:22 pm
Here, the certification order was necessarily provisional in that it was subject to development of a trial plan that would manage the individual issues surrounding the outside salesperson exemption.In general, when a trial plan incorporates representative testimony and random sampling, a preliminary assessment should be done to determine the level of variability in the class. [read post]
2 Apr 2014, 12:52 pm
The Background: The DFEH’s new authority came on the heels of two game changing decisions – Wal-Mart Stores, Inc. v. [read post]
20 Mar 2014, 3:13 am
For example, take a look at my post from earlier this year, A Lesson on Union Avoidance, which discusses Wal-Mart’s more low-tech approach, and how you can incorporate some of its themes in your communications to your employees. [read post]
16 Mar 2014, 3:38 pm
WAL-MART STORES EAST, L.P., Appellee. 5th District.Venue -- Where settlement agreement, which had settled foreclosure action by mortgagor assigning to mortgagee 50 percent of the net proceeds awarded for damages in mortgagor's action against its insurance carrier in Miami-Dade County, contained mandatory venue selection provision requiring any litigation between mortgagor and mortgagee to be tried in Osceola County, trial court erred in denying motion to enforce the venue selection… [read post]
