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30 Aug 2023, 8:25 am
Here, the court instead uses the decades-old standard test for consumer confusion, though with a finger on the scale for certain factors: Mark strength. [read post]
16 Oct 2006, 6:24 am
Finally, the complaint plainly failed the third prong of the test because plaintiff would have avoided the “injury” if he had simply complied with state law and carried automobile insurance. [read post]
19 Sep 2009, 6:14 am
.* Plaintiff inmate's claim against a prison telephone provider who accidentally recorded the inmate's attorney-client telephone call showed a Fourth Amendment claim, but it was defeated by qualified immunity. [read post]
18 May 2023, 12:41 pm
Courts should assess the materiality of ESG risk by applying the infrequently used probability-magnitude test set forth by the Supreme Court in Basic v. [read post]
2 Nov 2010, 11:55 am
In its efforts to build a new high school, plaintiff Tracy Joint Unified School District filed an eminent domain action to acquire 61.6 acres in the middle of a 231-acre parcel of raw development land owned by defendants Ernest J. [read post]
6 Apr 2015, 3:59 am
P. 12(b)(6) motion to dismiss plaintiff Marshall Feature Recognition’s (“MFR”) patent complaint accusing QR codes. [read post]
5 Mar 2019, 7:31 am
The lead plaintiff in this case was held in prison on a $30,000 bail, which she could not afford. [read post]
27 Jun 2020, 2:49 pm
” The court ordered that, by July 17, ICE must release minors to available sponsors or with their guardians “with all deliberate speed” while also maintaining protocols such as social distancing, masking, and enhanced testing within detention areas. [read post]
7 Apr 2015, 3:59 am
P. 12(b)(6) motion to dismiss plaintiff Marshall Feature Recognition’s (“MFR”) patent complaint accusing QR codes. [read post]
3 Apr 2014, 5:30 am
LinkedIn halts Sell Hack plugin revealing email addresses http://t.co/Ma4ekx3E5v -> Caution: An Entire Agreement Clause May Have Greater Implications Than Expected http://t.co/X9Bp6x2aBf -> Patent Law Historical Observations: Oil and Gas http://t.co/BTsLMgRCqb -> Ninth Circuit Rejects Plaintiffs’ Bad Misreadings of eBay’s User Agreement–Block v. eBay http://t.co/CviB7WAQaX -> Cars are rolling computers waiting to fail http://t.co/28vSN5OBiE -> Wealth manager… [read post]
9 Apr 2015, 9:05 pm
Plaintiffs in Michigan v. [read post]
11 May 2008, 8:00 pm
Imagine buying a car without test driving it. [read post]
27 Oct 2020, 6:14 pm
Although the class action waiver satisfied the reasonable communicativeness test, Plaintiffs argued that the waiver should not be enforced based on the principles of fundamental fairness and unconscionability, as well as a matter of public policy. [read post]
9 May 2011, 2:46 pm
Note the difference: the Agins test did not concern the plaintiff’s property at all. [read post]
15 May 2011, 11:20 am
However, Plaintiffs have asserted no facts or allegations that speak to the other four factors of the test. [read post]
22 Feb 2014, 5:02 pm
Courts apply a balancing test to determine whether such regulations are constitutional, weighing the asserted burden on voters’ constitutional rights against the importance of the State’s interest in imposing the restriction at issue. [read post]
1 May 2015, 8:35 am
The case does not establish any new law, as California already has cemented its two-part "objective speciousness/subjective bad faith" test. [read post]
13 Apr 2016, 9:48 am
Did plaintiff own the copyright in “Taurus”? [read post]
22 Feb 2013, 5:33 am
Jackson had to admit that this sort of testing was not scientifically reliable. [read post]
30 May 2013, 12:58 pm
It’s another of those supposed torts (like duty to test) that’s really little more than duty to warn dressed up in different garb. [read post]
