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4 Jun 2019, 10:19 am
Wade—Central Hudson prong one (and relatedly Zauderer) are hard to kill because they’re really the only way that commercial deception stays actionable while false political speech is generally protected.But consider a few recent cases: Mississippi Bd. of Engineers v. [read post]
27 Mar 2017, 12:55 pm
Bd. of Education (1964) 61 Cal.2d 612 (Mass), we concluded that a wrongfully suspended teacher was entitled to prejudgment interest as an element of his damages when the local board of education was ordered to reinstate him with full back pay. [read post]
26 Dec 2016, 11:16 am
1. [read post]
4 Mar 2024, 12:47 pm
Pix credit here The majority’s choice of a different path leaves the remaining Justices with a choice of how to respond. [read post]
12 Dec 2021, 2:22 pm
Supp. 2d 992, 1199–1200 (E.D.N.Y. 2006), rev’d on other grounds, 522 F.3d 215 (2d Cir. 2008) (describing confounding in studies of low-tar cigarettes, where authors failed to account for confounding and assessing healthier life styles in users) Third Circuit In re Zoloft Prods. [read post]
Appellate Court Shuts Out Trial Court in CEQA/ESA Double Header under Deferential Standard of Review
3 Apr 2014, 11:08 am
By Diane G. [read post]
8 Jul 2011, 8:52 am
Nat’l Mediation Bd., 738 F.2d 339, 342 (8th Cir. 1984) He said that if he were to reach the issue, he would resolve this open question by requiring district courts to conduct a full Daubert analysis before certifying a class whenever an expert’s opinion is central to class certification and the reliability of that opinion is challenged. [read post]
19 Jul 2021, 2:45 pm
As this blog’s readers know, one of the important corporate governance developments in recent months has been the heighted focus on board diversity. [read post]
29 Jul 2010, 6:48 pm
Cir. 2006); see Bd. of Regents v. [read post]
16 Apr 2022, 9:43 am
The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. [read post]
8 May 2021, 1:54 pm
Monroe Bd. of Ed., 526 U.S. 629 (1999), and no case even hints that accurately quoting two epithets from a court case and the name of a registered trademark in discussing another case would qualify as "severe[ and] pervasive" misbehavior. [read post]
1 Sep 2017, 5:32 am
Petrotech Res. [read post]
5 Mar 2009, 4:00 am
(Peter Zura's 271 Patent Blog) (Patently-O) (Patent Prospector) (Patent Docs) (Patent Baristas) (Intellectual Property Watch) (Law360) (BLOG@IP::JUR) (Chicago Intellectual Property Law Blog) (Patently-O) (Inventive Step) (Washington State Patent Law Blog) (Techdirt) (Hal Wegner) Reactions to Patent Reform Bill 2009 (IP Watchdog) (Patent Baristas) (IP Watchdog) (IP Watchdog) (Patently-O) Global Global - General World IP Day, 26 April, approaching (IPKat) Global -… [read post]
24 Feb 2022, 6:12 pm
BD. [read post]
15 Oct 2013, 4:42 am
” Buckhannon Bd. [read post]
17 Sep 2014, 7:00 am
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice. [read post]
3 Feb 2008, 10:42 pm
I. [read post]
2 Jun 2023, 10:01 am
At the same time, such statements are by themselves indeed exercise of free speech, even if we may think they're not suitable to this particular occasion. [read post]
8 May 2024, 6:00 am
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
8 May 2024, 6:00 am
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
