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27 Mar 2018, 3:18 pm
So long as the plaintiff can demonstrate that one or more musical elements such as the rhythm, pitch, cadence, melody, tempo, harmony or lyrics are similar to protected elements of the copyrighted work and that such similarity was “substantial”, the extrinsic test is satisfied. [read post]
27 Mar 2018, 2:20 pm
Three plaintiffs filed a class action lawsuit [complaint, PDF] on Tuesday in the US District Court for the District of New Jersey [official website] alleging that BMW [official website] cheated during emissions tests of their diesel vehicles. [read post]
27 Mar 2018, 12:33 pm
The Ninth Circuit has adopted the Gordon & Breach test: 1) commercial speech; 2) by a defendant who is in commercial competition with plaintiff; 3) for the purpose of influencing consumers to buy defendant’s goods or services, 4) disseminated sufficiently to the relevant purchasing public to constitute ‘advertising’ or ‘promotion’ within that industry. [read post]
27 Mar 2018, 8:47 am
But when the plaintiff is a public figure, as de Havilland conceded she was, her prima facie case requires clear and convincing evidence that the defendant acted with “actual malice. [read post]
27 Mar 2018, 7:54 am
Google is working on another far more advanced self-driving car system it could sell to other car makers, one that would be fully autonomous, and other self-driving technologies are being tested. [read post]
27 Mar 2018, 7:54 am
Google is working on another far more advanced self-driving car system it could sell to other car makers, one that would be fully autonomous, and other self-driving technologies are being tested. [read post]
27 Mar 2018, 7:29 am
Combs test, District Judge John Walter ruled that the plaintiffs failed to show that 7-Eleven exerted control over their day-to-day operations. [read post]
27 Mar 2018, 5:00 am
It is likely that there will be a continuing debate between the plaintiffs bar and the defense bar over whether such changes are even [read post]
27 Mar 2018, 3:45 am
This test was rejected by the FCC in the 2015 Order. [read post]
26 Mar 2018, 6:09 pm
That bid was thwarted in the name of a “totality of the circumstances,” – a supposed test governing waiver that is no test at all and will allow the Supremes to forever make arbitration-waiver decision arbitrarily and ad hoc, if necessary, to justify the highly predictable consumer-unfriendly outcome. [read post]
26 Mar 2018, 4:52 pm
Aug. 5, 2016) (denying a DTSA seizure request for failure to satisfy the “extraordinary circumstances” test and instead issuing a temporary restraining order). [10] Id. [read post]
26 Mar 2018, 9:30 am
Based on this standard, courts have rejected predatory hiring claims brought against a test-preparation company that recruited a competitor’s star faculty member away to use for its own classes, or against a radio station that poached a team of its competitor’s on-air talent to use for its own programming. [read post]
26 Mar 2018, 7:24 am
The court granted in part plaintiffs' motion for monetary sanctions after defendant disclosed corrected stability dissolution testing data during a bench trial and directed that the FDA be informed of defendant's conduct. [read post]
25 Mar 2018, 9:01 pm
Constitution.Background/Plaintiffs’ Claims in Thompson V. [read post]
25 Mar 2018, 9:01 pm
Constitution.Background/Plaintiffs’ Claims in Thompson V. [read post]
25 Mar 2018, 5:02 pm
The 68-page opinion analyzes the interfacing between the two parts of the test. [read post]
24 Mar 2018, 7:35 am
Typical website access plaintiffs, like typical serial plaintiffs of all kinds, visit a website only once and without any intent to purchase goods or services. [read post]
23 Mar 2018, 10:26 am
The thousands of plaintiffs in these multi-district litigations are hopeful that their voices will be heard and that manufacturers across the country will think twice about the methods they use to test the safety of new products. [read post]
23 Mar 2018, 9:30 am
The plaintiff (Ms. [read post]
23 Mar 2018, 5:32 am
Henderickson, 135 S.Ct. 2466 (2015), which mandated an objective test: whether a reasonable person would appreciate the risk to which the pre-trial detainee was subjected. [read post]
