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23 May 2018, 11:46 am by Rebecca Tushnet
Grimaldi, 875 F.2d. 994 (2d Cir. 1989), and convinced the district court to grant judgment on the pleadings to defendants here, who are trying to produce a Star Trek/Dr. [read post]
23 May 2018, 11:30 am by Rebecca Tushnet
  These included: “[i]f literal falsity is found, Lexicon does not need to prove actual deception of consumers to recover damages for false statements made by SurgiQuest. [read post]
22 May 2018, 11:13 am by John Wright
Lynch, 803 F.3d 1110 (9th Cir. 2015). [read post]
22 May 2018, 7:57 am by Anthony Gaughan
Robins, the Court emphasized that “[f]or an injury to be ‘particularized,’ it ‘must affect the plaintiff in a personal and individual way. [read post]
22 May 2018, 6:30 am by Evan Brown (@internetcases)
The Federal Rules of Civil Procedure created a bootstrapping problem or, as the court called it, a Catch-22, for Strike 3 – it was not able to confer with the unknown Doe defendant as required by Rule 26(f) because it could not identify the defendant, but it could not identify defendant without discovery from Comcast. [read post]
21 May 2018, 9:05 pm
"  At which point Judge Gould drops the following footnote:"Specifically, defendants have agreed “[f]or the purposes of this appeal, there is no dispute there can be some property interest in pigeons. [read post]
21 May 2018, 6:12 am by The Law Offices of John Day, P.C.
As to defendant Doctor Fleenor, the Court found that dismissal was appropriate because plaintiff failed to comply with the savings statute as to this particular defendant. [read post]
20 May 2018, 1:23 pm by Steve Kalar
Paul, 583 F.3d 1136 (9th Cir. 2009) (ord. denying rehearing en banc) (O’Scannlain, J., dissenting); see also blog entry here. [read post]
17 May 2018, 4:51 pm by Jon Sands
”The case concerns the arrest of the defendant on an outstanding warrant. [read post]
16 May 2018, 8:10 am by Tim Sitzmann
The defendants Shepherd Retail and Harlow Food operate a travel center under the name Choke Canyon, also in Texas. [read post]