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3 Apr 2023, 8:31 am
This, obviously, does not mean that everything in a work shall be protected: as the CJEU clearly indicated in Bezpečnostní softwarová asociace and Brompton Bicycle, the choices that are free and creative (and, thus, protectable) should be separated from those which are instead dictated by technical rules, considerations or constraint and are, as a result, unprotectable under copyright.The German litigation essentially concerned the protectability under copyright of the design… [read post]
13 Jan 2012, 7:14 am
Astrue, the Fourth Circuit Court of Appeals explains that a court considering a claimant's subjective pain will look at not only the claimant's statements but also those from treating physicians and "nontreating sources" and consider whether the pain can be alleviated with medication. [read post]
19 Feb 2014, 6:30 am
That’s sad, because this part of the job is supposed to be the most interesting. [read post]
8 Feb 2017, 12:58 pm
Among the Tenth Circuit’s findings was that (a)(19) does not require the securities violation to be “actually litigated,” as Congress departed from the common-law understanding of collateral estoppel and issue preclusion principles. [read post]
7 Apr 2014, 7:57 am
Failure to do this makes the adjuster’s job more difficult, sending the claim sliding in to Disaster-ville. [read post]
11 Jul 2013, 7:34 am
Watch out therefore for an unseasonably high increase in claims over the next few weeks, as Claimants try and avoid the fees! [read post]
8 Oct 2014, 6:30 am
An IME was completed with a respected local shoulder specialist and supported the treating doctor’s recommendations. [read post]
18 Apr 2017, 12:00 am
For insurance companies, we are available at a moment’s notice to provide recommendations on local physicians and to provide informed strategies on how a local claimant’s attorney will proceed with litigation. [read post]
18 Apr 2017, 12:00 am
For insurance companies, we are available at a moment’s notice to provide recommendations on local physicians and to provide informed strategies on how a local claimant’s attorney will proceed with litigation. [read post]
9 May 2009, 5:56 pm
Accordingly, any possible recovery from the claimant for med pay benefits would be reduced by a portion of the claimant's attorney's fees and expenses. [read post]
12 Apr 2016, 3:12 am
The Board confirmed that, when challenging a use-based application, the dilution claimant must prove fame prior to the defendant's first use of its mark. [read post]
17 Oct 2018, 6:30 am
What to Do With things up in the air regarding liability settlements, one question is whether a claim for reimbursement could extend to the claimant and the primary plan, as well as the claimant’s attorney. [read post]
2 Mar 2015, 4:33 am
There is no option.The claimant's medical must follow guidelines, and treatment requests must be reviewed. [read post]
23 Jul 2013, 6:30 am
Also, the claimant attorney’s involvement increases the amount of time needed to handle the claim, providing even less time for the adjuster to work on other claim files. [read post]
15 Jun 2012, 3:35 am
In particular, s 14(1)(b) states that a claimant must know that “the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance, or breach of duty”. [read post]
27 Oct 2010, 6:21 am
The judge concluded that the fact that the Claimants now found themselves prejudiced by Lenihan's conduct was unfortunate but irrelevant for the purposes of his judgment.This decision shows that the courts are prepared to uphold clauses requiring arbitration within a certain period of time. [read post]
5 Jan 2012, 2:19 am
Delaney v Pickett and another; [2011] EWCA Civ 1532; [2011] WLR (D) 390 “In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or whether it was a consequence of the unlawful act only in the sense that it would not have happened if the… [read post]
26 Nov 2013, 3:30 pm
MK’s age was unclear. [read post]
26 Nov 2013, 3:30 pm
MK’s age was unclear. [read post]
14 Apr 2011, 5:49 pm
” Furthermore, if money is the claimant’s motivation rather than truth they might be tempted by NI’s offer, which is likely to be a significantly larger amount than would be awarded by a judge after trial. [read post]
