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30 Oct 2019, 5:05 pm by INFORRM
The claimant, referred to as “Mr J”, in the anonymised judgment of Mr Justice Pepperall, sought to restrain the defendant, “Ms O”, from publishing (or otherwise disclosing) the (1) fact that they had had an intimate relationship and (2) her claim that he had given her a sexually transmitted infection. [read post]
28 Oct 2019, 10:08 am by Eric Goldman
The Vicarious Copyright Infringement Ruling The venerable test for vicarious copyright infringement is when the defendant (1) had the right and ability to supervise the infringer’s acts, and (2) had a direct financial interest in those acts. [read post]
24 Oct 2019, 5:00 am by Daniel Gabriel, Jens Dakin, Ali Sada
It is unknown how far the Turkish forces will go, and how the Syrian regime and Iraq will react if the conflict escalates. [read post]
Next, Connell noted that AE 658, in which the government provided notice of classification guidance, also revealed previously unknown declassified information, including that Echo II (a facility at Guantanamo Bay) was a black site where defendants Mustafa al-Hawsawi, Ramzi Binalshibh, and Abd al-Rahim al-Nashiri were held and that FBI agents had been detailed to the CIA’s Rendition, Detention, and Interrogation (RDI) program. [read post]
16 Oct 2019, 9:13 am by Erik Weibust and Dallin Wilson
However, the court found that the case did not involve untested products in an unknown market, but instead were modeled on JEN-WELD’s own manufacturing plants, which had operated successfully for many years. [read post]
16 Oct 2019, 4:34 am by SHG
Only by the most malignant assumptions could Dean go from an unknown person stalking the perimeter of Jefferson’s home to feeling a reasonable threat from the appearance of a silhouette in a window. [read post]
10 Oct 2019, 10:29 am by Saira Hussain
Moreover, it is unclear whether a plaintiff could actually get relief by going after a model maker, a distant and possibly unknown third party, rather than a direct defendant like a housing provider. [read post]
8 Oct 2019, 4:07 am by Edith Roberts
City of New York, New York, a challenge to New York City’s limits on transporting personal firearms, be dismissed as moot, directing the parties to be prepared to discuss the mootness question at oral argument on December 2. [read post]
4 Oct 2019, 10:07 am by John Jascob
Kraft’s unredacted contempt motion brings a number of assertions, previously unknown to the public, to light. [read post]
2 Oct 2019, 10:21 am by Deborah Heller
Patent and Trademark Office (USPTO) when its employees defend the agency in Section 145 litigation. [read post]
1 Oct 2019, 2:30 pm by Deborah Hensler
Settlement class actions offer a win-win proposition to class counsel and defendants: Defendants can try for a satisfactory settlement without risking their right to challenge certification and class counsel may find defendants more willing to consider settling, knowing they have preserved their certification appeal rights. [read post]
30 Sep 2019, 11:29 am by Shawn R. Dominy
That test result is circumstantial evidence of the BAC at the time the defendant operated the vehicle. [read post]
29 Sep 2019, 4:08 pm by INFORRM
IPSO has published a number of rulings and resolutions statements since our last Round Up: 04123-19 Philips v dailyrecord.co.uk, 1 Accuracy (2018), 2 Privacy (2018), Breach- sanction: action as offered by publication 03262-19 Bromley v The Sunday Times, 1 Accuracy (2018), 2 Privacy (2018), Resolved- IPSO mediation 08073-18 A woman v Daily Mail, 1 Accuracy (2018), 2 Privacy (2018), 11 Victims of sexual assault (2018), No breach- after investigation 03816-19 Hayden v Mail… [read post]
29 Sep 2019, 5:13 am
But there it is and for risk averse lawyers who might prefer to avoid an interpretive trap of unknown consequences, these small drafting points might pack consequences well above their perceived “value” to the core objectives of the Treaty. 2. [read post]
24 Sep 2019, 12:52 am
These claims are framed under sections 27(1), 27(2), and 27(2.3) of Canada’s Copyright Act respectively. [read post]
20 Sep 2019, 6:00 am by William Ford
§1805(c)(2)(B), increases the flexibility of the government’s response to efforts to avoid surveillance and has been a part of FISA since 2001. [read post]
18 Sep 2019, 4:59 am by Jeff Welty
The court of appeals concluded that this did not provide probable cause as the middleman was of unknown reliability and no one had observed him entering the defendant’s home. [read post]