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27 Jan 2021, 2:13 am
The Court ruled out an interpretation not congruent with that in Art. 8 (2) Rome II (applicable law) or Art. 7 no. 2 Brussels Ia (international jurisdiction for national trademarks). [read post]
27 Jan 2021, 2:06 am
A cynical reading of the UN proposal could lead to considering that the prerogative of establishing the applicable law remains with the relevant court, as the fact that the victim may request something does not necessarily mean that the request ought to be granted (Note that paragraph 1 uses “shall” while paragraph 2 uses “may”). [read post]
26 Jan 2021, 1:54 pm
“To establish a § 1 violation, a plaintiff must prove that: (1) the defendants engaged in a conspiracy; (2) that restrained trade; (3) in the relevant market. [read post]
26 Jan 2021, 10:21 am
This post does a 5,500 word deep dive into the law for those who want the details.] [read post]
Female basketball referee was not an "employee" and can't sue under Title VII for sex discrimination
26 Jan 2021, 6:30 am
She does not allege that the schools exercised meaningful control over how games are officiated. [read post]
26 Jan 2021, 6:01 am
Lewison LJ agreed with Rix LJ’s obiter comments in Osibanjo v Seahive Investments Ltd (2008) EWCA Civ 1282; (2009) 2 P& CR 2. [read post]
25 Jan 2021, 5:47 pm
It was located in a model home that was not accessible, probably because the FHA does not require accessible single family housing. [read post]
25 Jan 2021, 10:18 am
A jury sided with the patentee and the district court awarded $2 million in back-damages, and $400 per infringing wash in ongoing royalties. [read post]
25 Jan 2021, 10:15 am
It is not a product endorsement and does not make any health claim. [read post]
25 Jan 2021, 10:08 am
What you’re trying to prove is the defendant’s state of mind at the time of publication, but there’s no rule limiting you to evidence pre-dating the publication to prove this. 2. [read post]
25 Jan 2021, 9:41 am
See China Business Scam Week, Part 2: Bricks for Products. [read post]
25 Jan 2021, 9:36 am
¶2 Malloy was charged with felony DUI and possession of drugs and drug paraphernalia. [read post]
25 Jan 2021, 8:34 am
Section 230(c)(2) Twitter explicitly didn’t rely on Section 230(c)(2)(A)–a bold concession that paid off. [read post]
25 Jan 2021, 5:46 am
Based on the language of the Act, the Supreme Court agreed with defendants that “the best reading of the TPLA does not create a duty or liability for defendants for the post-sale incorporation of products containing asbestos because these products were incorporated into that equipment after it left their control. [read post]
25 Jan 2021, 4:36 am
As a result of these holdings, Farro instantaneously transformed from plaintiff to defendant, his pleading dismissed in full, now forced to defend himself on multiple fronts, including against ten counterclaims in the Farro case, ten direct claims in the LMEG case, and an appraisal proceeding recently commenced by the company to determine the fair value of Farro’s former interest in the LLC. [read post]
25 Jan 2021, 4:33 am
But one of the most consequential things DOJ does — and an area in particular need of fundamental reform — is the enforcement of federal criminal laws. [read post]
24 Jan 2021, 10:27 pm
If it's hard to tell how Chapter 1 connects with Chapter 2, 3, and so on, readers are likely to get confused, and perhaps even stop reading altogether. [read post]
24 Jan 2021, 2:50 pm
Id.at *2. [read post]
24 Jan 2021, 8:41 am
One way of thinking about it is that the people have been convicted and could be in prison, where their First Amendment rights can be sharply restricted. [2.] [read post]
24 Jan 2021, 4:01 am
Or the ability to do math, which has objectively correct answers, such as 2+2=4 in the second grade curriculum, which is now subject to debate. [read post]
