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5 Oct 2015, 12:22 pm by David J.B. Froiland
This case offers several lessons for reducing exposure: a court is likely to assess (i) whether decision makers took a truly careful and thoughtful review of the evidence; (ii) whether independent decision makers were introduced to take a fresh look at the evidence; (iii) whether the problem employee was asked for his or her side of the story before finalizing the termination; (iv) whether a cat’s paw angle was meaningfully analyzed and ruled out; and (v) whether there are… [read post]
27 Jan 2012, 6:00 pm by Kenneth J. Vanko
The first installment of The Weekly Posner comes from a recent Seventh Circuit opinion called ATA Airlines, Inc. v. [read post]
29 Sep 2010, 8:05 am by Joseph Goldberg-Giuliano, Esq.
This legal term is largely defined by the Worcester Firefighter's case, Commonwealth v. [read post]
5 Oct 2015, 12:22 pm by David J.B. Froiland
This case offers several lessons for reducing exposure: a court is likely to assess (i) whether decision makers took a truly careful and thoughtful review of the evidence; (ii) whether independent decision makers were introduced to take a fresh look at the evidence; (iii) whether the problem employee was asked for his or her side of the story before finalizing the termination; (iv) whether a cat’s paw angle was meaningfully analyzed and ruled out; and (v) whether there are… [read post]
15 Aug 2014, 7:16 am
In this Kat's opinion, furthermore copyright does not only vest in those extracts that include the copyright-protected works mentioned by the CJEU, including the Premier League and Barclays logos, as Arnold J clarified in FAPL v BSkyB and Others (see paras 8 ff; this action originated as an application for a blocking injunction as per section 97A of the Copyright, Designs and Patents Act 1988 (CDPA)).There is also copyright in those broadcast extracts which are… [read post]
10 Dec 2018, 12:52 am
It must be for the applicant to state clearly the type of monopoly for which he contends. [read post]
30 Apr 2020, 12:19 am by Florian Mueller
Daimler brought its EU antitrust complaint against Nokia in 2018, and the Euporean Commission is still dragging its feet while another court decision (Nokia v. [read post]
28 Jun 2010, 1:15 pm by MacIsaac
  Where the cause of action in the two proceedings is different, issue estoppel operates to prevent re-litigation of any issue determined in the prior proceeding. [20]         The pre-conditions to making out issue estoppel are stated in Angle v. [read post]