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19 Jun 2023, 7:41 am
In February, Justice Kagan joked that the Supreme Court justices “are not the nine greatest experts on the Internet. [read post]
19 Jun 2023, 6:48 am
Of note, the court thought that it sufficiently pled proximate cause from false advertising of the capabilities of Red Points’ detection software: Plaintiff claims that although Defendants’ advertisements indicate that their services reliably detect counterfeit products and automatically remove these products from e-commerce platforms, the product listings that Defendants’ software flags and removes are often authentic because their software does not… [read post]
19 Jun 2023, 6:40 am
What Does Interlocutory Mean? [read post]
19 Jun 2023, 6:36 am
., “…inequitable action does not become permissible simply because it is legally possible. [read post]
19 Jun 2023, 6:30 am
The book seems to comprise two distinct, but closely-related and largely overlapping claims: one defending James Madison, and the other defending state “interposition. [read post]
19 Jun 2023, 5:47 am
On appeal, the defendants challenged the size of the noneconomic damages award…. [read post]
19 Jun 2023, 5:08 am
The burden is on the party defending a law to show that there were analogous, though not necessarily identical, regulations in place during the Founding era. [read post]
19 Jun 2023, 5:01 am
In another instance, Plaintiffs claim that a specific Defendant had knowledge that Plaintiffs reside in Florida, but the deposition testimony does not support the assertion. [read post]
19 Jun 2023, 4:52 am
It demonstrated that whether to classify digital assets as securities, commodities, or a separate asset class entirely does not matter to wire fraud charges.[19] In the eyes of law enforcement, NFTs are no exception to the general rule that “you can’t solicit funds for a business opportunity, abandon that business, and abscond with money investors provided you. [read post]
19 Jun 2023, 4:41 am
A restraint is reasonable only if it: (1) is no greater than is required for the protection of the legitimate interest of the employer, (2) does not impose undue hardship on the employee, and (3) is not injurious to the public. [read post]
19 Jun 2023, 4:00 am
To be convicted of inciting perjury, the person making the statement does not actually have to make the false statement. [read post]
19 Jun 2023, 3:40 am
The defendant’s cry for treatment of “human dignity” likely brings no tear to most people. [read post]
18 Jun 2023, 9:03 pm
The United States Court of Appeals for the Fourth Circuit recently handed down an important 2-1 ruling in a case involving changes in the admissions policy at the Thomas Jefferson High School for Science and Technology (“Thomas Jefferson” or “TJ”) in Alexandria, Virginia, a public STEM-focused school that has a selective admissions process and that has traditionally served high-performing students. [read post]
18 Jun 2023, 9:01 pm
Stevens, the Court held that the FCA does not authorize qui tam actions against state defendants. [read post]
18 Jun 2023, 12:35 pm
Marshall, a Democratic appointee in the Central District of California, invalidated a Trump-era rule that the Biden administration defended. [read post]
18 Jun 2023, 9:34 am
Initially, Malwarebytes defended on Section 230(c)(2)(B). [read post]
18 Jun 2023, 6:30 am
From climate change to COVID, immigration to internet regulation, Medicaid coverage to managing student loans, a focus on Congress would miss most of what the federal government does—and most of what state actors oppose. [read post]
18 Jun 2023, 5:01 am
And the court agreed that the indictment sufficiently alleged true threats, despite defendant's argument "that two of the Twitter posts contain conditional statements, while another does not indicate that Defendant 'personally' threatened to shoot the Representative. [read post]
17 Jun 2023, 8:13 pm
Virginia drug dealing (VDD) thrives, as it does across the nation and around the world. [read post]
17 Jun 2023, 6:03 pm
And, for good measure, Justice Alito jabs the tribes in Footnote 1: The state of affairs on many Indian reservations, however, does not speak well of the way in which these duties have been discharged by this putative trustee. [read post]