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26 May 2017, 7:33 am by Joy Waltemath
The case had to be remanded to give the nurses the opportunity to show that their defamation claim, even though based in part on protected petitioning activity, when viewed as a whole was nonetheless not a “SLAPP” suit (Blanchard v. [read post]
24 May 2017, 7:36 pm by Brian Shiffrin
 Counsel must also consider the circumstances of the display of the defendant or his/her photo, the body language, physical movements, the conversation, and the details leading up to the display - phone calls and prior contacts - in supporting an argument for suggestiveness. [read post]
24 May 2017, 6:55 am by Joy Waltemath
At trial, numerous witnesses testified that the CEO constantly commented on women’s bodies; he often referred to the size of women’s breasts, made groping gestures, and sought intimate hugs; and he made inappropriate comments about his employees’ wives. [read post]
24 May 2017, 4:17 am
The focus will be primarily on defining the notion of 'work' and then perhaps re-visit the topic of originality.Guidance as to what a 'work' is - at least in the context of the InfoSoc Directive - must be found outside the body of EU law, possibly in Article 2 of the Berne Convention. [read post]
22 May 2017, 4:57 pm by Kevin LaCroix
This shift is largely the result of two Delaware court decisions, the Delaware Supreme Court’s 2015 decision in Corwin v. [read post]
22 May 2017, 4:09 pm by INFORRM
The effect of Article 15 can be seen in the ECJ decisions of SABAM v Scarlet and SABAM v Netlog prohibiting content filtering injunctions, and in Arnold J’s Cartier judgment itself: “If ISPs could be required to block websites without having actual knowledge of infringing activity, that would be tantamount to a general obligation to monitor. [read post]
22 May 2017, 3:30 am by Eric B. Meyer
The article was short and the opinion (here) from Eastern District of Pennsylvania Judge Joseph Leeson in Blatt v. [read post]
21 May 2017, 2:34 pm by Graham Smith
The effect of Article 15 can be seen in the ECJ decisions of SABAM v Scarlet and SABAM v Netlog prohibiting content filtering injunctions, and in Arnold J’s Cartier judgment itself:“If ISPs could be required to block websites without having actual knowledge of infringing activity, that would be tantamount to a general obligation to monitor. [read post]