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29 Feb 2016, 4:43 pm by Kevin LaCroix
  The district court granted the company’s motion to dismiss. [read post]
21 Feb 2016, 2:42 pm
 A `material fact’ is one that affects the outcome of the suit. [read post]
1 Feb 2016, 5:47 pm by Law Lady
Contracts -- Construction -- Arbitration -- Determination of arbitrability of breach of contract claim -- By incorporating into contract the Construction Industry Rules of the American Arbitration Association, which make the issue of arbitrability subject to arbitration, parties sufficiently evidenced intent to have arbitrators, not a court, hear and decide the issue of arbitrability GLASSWALL, LLC, Appellant, vs. [read post]
30 Jan 2016, 6:23 am by Law Offices of Jeffrey S. Glassman
The basis for a motion for summary judgment is essentially that a plaintiff has failed to state a claim for which relief can be granted and that there is no genuine issue of material fact. [read post]
25 Jan 2016, 2:01 pm
Instead, in six issues, Patel contends the trial court erred by (1) denying his motion for JNOV on the defamation claim because the jury found the publication was substantially true; (2) denying his motion for JNOV because the trial court's judgment violated the one-satisfaction rule; (3) awarding damages attributable to Nadia's claim for IIED because this `gap filler’ tort was unavailable in the context of this case; (4) awarding mental anguish damages in the… [read post]
24 Jan 2016, 2:32 pm by Sabrina I. Pacifici
Amici argue in the brief that model codes incorporated into law are not, and should not be, copyrightable. [read post]
22 Jan 2016, 8:34 am
.'s (`Albertson's’) (collectively, `Defendants’) Motion to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint [Docket No. 33]. [read post]
19 Jan 2016, 10:00 am by Dylan Price
Last summer, comedian Robert Kaseberg filed a copyright infringement suit against Conan O’Brien, among others, alleging that O’Brien incorporated four jokes written by Kaseberg in the opening monologues of his television show “Conan. [read post]
19 Jan 2016, 10:00 am by Dylan Price
Last summer, comedian Robert Kaseberg filed a copyright infringement suit against Conan O’Brien, among others, alleging that O’Brien incorporated four jokes written by Kaseberg in the opening monologues of his television show “Conan. [read post]
6 Jan 2016, 6:42 am by Kenneth Vercammen Esq. Edison
However, the motion record may be incorporated into the trial record if both partys consent and counsel are given wide latitude in cross-examination. [read post]
4 Jan 2016, 4:30 am by Woodrow Pollack
 Here, the Registered Recordings are “preexisting material” that must be distinguished from any audiovisual works in which they are incorporated—including the Accused Videos. [read post]
4 Jan 2016, 4:30 am by Woodrow Pollack
 Here, the Registered Recordings are “preexisting material” that must be distinguished from any audiovisual works in which they are incorporated—including the Accused Videos. [read post]
30 Dec 2015, 11:35 am by Rebecca Tushnet
 That left only alleged word mark infringement in ArcSoft’s motion for preliminary injunction, which the court denied for failure to show irreparable harm. [read post]
28 Dec 2015, 2:51 am by Ben
In Europe, The Court of Justice of the European Union ruled that the consent of a copyright holder does not cover the distribution of an object incorporating a work where that object has been altered after its initial marketing to such an extent that it constitutes a new reproduction of that work (Case C‑419/13, Art & Allposters International BV v Stichting Pictoright) with Eleonora opining that the decision means that that there is no such thing as a general principle of… [read post]
23 Dec 2015, 11:19 am by Susan Hennessey
User agreements can incorporate notification that communications may be monitored for purposes of network security. [read post]
9 Dec 2015, 2:23 pm
The court must accept all material allegations in the complaint as true and construe them in the light most favorable to the non-moving party.The court's review is limited to the face of the complaint, materials incorporated into the complaint by reference, and matters of which the court may take judicial notice.However, the court need not accept as true allegations that are conclusory, unwarranted deductions of fact, or unreasonable inferences.If a plaintiff fails to… [read post]