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20 Nov 2023, 1:41 pm
Just as the Opposer carries the burden of proof in an Opposition, the Petitioner carries the burden of proof in a cancellation, and a plaintiff carries the burden of proof in an infringement action. [read post]
20 Nov 2023, 12:46 pm
Chief Judge Smith penned a dissent in Monday’s decision. [read post]
20 Nov 2023, 12:04 pm
This just-published article is here; the Abstract: The Supreme Court's 2023 Twitter v. [read post]
20 Nov 2023, 11:06 am
Generally, these lawsuits are filed by serial plaintiffs through their attorneys. [read post]
20 Nov 2023, 11:00 am
The person who files for the order is known as the plaintiff, whereas the prohibited individual is referred to as the defendant. [read post]
20 Nov 2023, 10:50 am
Instead, it squarely places the burden of proof on the employer to establish that the adverse employment action within that 90-day window was based on a legitimate non-retaliatory reason(s), effectively eliminating the plaintiff’s need to establish a prima facie case by automatically starting the burden-shifting analysis at the second step. [read post]
20 Nov 2023, 10:24 am
Being a plaintiff in a civil lawsuit is as stressful as being a defendant. [read post]
20 Nov 2023, 10:09 am
Identification: It’s crucial to identify the documents sought with as much detail as possible. [read post]
20 Nov 2023, 9:58 am
New Jersey is currently attempting to settle a lawsuit with plaintiffs in a case that could take away the right to send children to their local schools. [read post]
20 Nov 2023, 9:15 am
In our view, a straightforward interpretation of the Act allows access to the special remedies in cases that involve knock-off products, as well as cases where an identical logo or word mark is used on the same type of product that is in the plaintiff’s trademark registration, even if the defendant’s products and/or their packaging do not resemble the plaintiff’s products. [read post]
20 Nov 2023, 9:15 am
In our view, a straightforward interpretation of the Act allows access to the special remedies in cases that involve knock-off products, as well as cases where an identical logo or word mark is used on the same type of product that is in the plaintiff’s trademark registration, even if the defendant’s products and/or their packaging do not resemble the plaintiff’s products. [read post]
20 Nov 2023, 8:55 am
“Eighth Circuit’s Holding that Private Plaintiffs Do Not Have Right to Sue to Enforce Section 2 of the Voting Rights Act Would Decimate the Rights of Minority Voters; Supreme Court Review Almost Certain”: Rick Hasen has this post at his “Election Law Blog. [read post]
20 Nov 2023, 8:38 am
It’s hard to overstate how important and detrimental this decision would be if allowed to stand: the vast majority of claims to enforce section 2 of the Voting Rights… Continue reading The post Eighth Circuit’s Holding that Private Plaintiffs Do Not Have Right to Sue to Enforce Section 2 of the Voting Rights Act Would Decimate the Rights of Minority Voters; Supreme Court Review Almost Certain appeared first on Election Law Blog. [read post]
20 Nov 2023, 7:36 am
The first two cases resulted in jury verdicts for the plaintiffs, as did a third trial held after DuPont settled the remaining bellwether cases. [read post]
20 Nov 2023, 7:30 am
In these cases, the driver and their company may be codefendants who are both liable for the plaintiff’s injuries in some capacity. [read post]
20 Nov 2023, 6:56 am
Although at points in the Baskin Vlog's postings Ms. [read post]
20 Nov 2023, 6:00 am
Despite Hoffman’s notification, no resolution was reached. [read post]
20 Nov 2023, 5:25 am
The inspection reports were prepared solely for the insurer’s benefit, not for the insured plaintiff. [read post]
20 Nov 2023, 5:18 am
The appeal court said that it is trite that it is for a plaintiff to prove its damages. [read post]
20 Nov 2023, 5:01 am
Plaintiffs allege that some doctors, accepting the phenomenon's existence, recommend a holistic approach that may include long-term antibiotics. [read post]
