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5 Oct 2020, 6:08 am
The defendant failed to establish that the stipulation was procedurally unconscionable. [read post]
5 Oct 2020, 3:20 am
Not so, said the CAFC: "Though Bose expressly approves of using market share, it does not require it. [read post]
5 Oct 2020, 2:00 am
It strengthens the examination of patent applications: Previously the INPI (the French patent office) only examined the 2 criteria of novelty and industrial application before granting a patent, but the examination process now also extends to the inventive step assessment.2. [read post]
4 Oct 2020, 7:14 pm
And more to the point--there is a power in innocence that exposes the the errors of even those who think themselves well fed from the fruit of the Tree of Knowledge of Good and Evil (Gen. 2:9). [read post]
4 Oct 2020, 4:54 pm
Even if WCAG 2.x AA were the technical standard it would not a suitable legal standard because conformance over an extended period of time is impossible and the standard itself does not recognize any level of conformance other than perfect conformance.(11) Modern websites are constantly in flux, and since those who develop them are human and therefore likely to make mistakes, a website that is in conformance one day may not be the next. [read post]
4 Oct 2020, 11:34 am
The damages claim pursuant to para. 2 remains unaffected. [read post]
3 Oct 2020, 12:15 pm
To prevail on a claim for intentional interference with prospective economic advantage in California, a plaintiff must plead and prove (1) an economic relationship between the plaintiff and some third party, with the probability of future economic benefit to the plaintiff; (2) the defendant’s knowledge of the relationship; (3) the defendant’s intentional acts designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) economic harm… [read post]
3 Oct 2020, 9:28 am
Maybe get the license agreement inked on your body as a 2-for-1 tattoo special. [read post]
2 Oct 2020, 1:09 pm
The plain language of § 409(2) does not require a group registrant like Corbis to include each individual author of each individual work in the compilation to effectively register those individual works. [read post]
2 Oct 2020, 12:17 pm
On factor three, amount, the question is not whether, in judicial hindsight, the defendant took more than absolutely necessary, but whether the amount taken was “reasonable in relation to the purpose of the copying. [read post]
2 Oct 2020, 11:34 am
The state argues that White has repeatedly indicated that he does not wish to pursue an Atkins claim. [read post]
2 Oct 2020, 10:03 am
” For aiding and abetting fraud under Colorado law, a plaintiff must (1) allege the elements of common law fraud and (2) allege that the defendant “knowingly participate[d] in the underlying breach or violation. [read post]
2 Oct 2020, 9:39 am
Here's Part 2 of Grits' tripartite, annotated analysis of the new report from the Houston Mayor's Task Force on Policing Reform. [read post]
2 Oct 2020, 9:06 am
Arizona state law does not otherwise provide any specific provisions for challenging results of statewide elections. [read post]
1 Oct 2020, 9:01 pm
In this first essay of our series, we make three observations about the ways in which the stare decisis impact of NFIB does, and does not, control the issues at the core of California. [read post]
1 Oct 2020, 7:22 pm
In particular, the court held that the Khans were sufficiently “on notice of [defendants’] intent to seek sanctions” based upon a series of letters sent to the Khans indicating that a sanctions-motion was coming. [read post]
1 Oct 2020, 11:52 am
Requiring the Chief to respond in writing to civilian oversight recommendations has also helped.The Task Force does recommend hiring dedicated, paid staff to support the civilian review board, including investigators who it hopes will have "subpoena power. [read post]
1 Oct 2020, 6:03 am
However, on May 2, 2019, the Trump Administration permitted Title III to go into effect for the first time ever. [read post]
30 Sep 2020, 11:01 am
(2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]
30 Sep 2020, 9:00 am
” It reasoned that “[k]nowing that industry safety standards in general are important to consumers’ purchasing decisions does nothing to predict whether consumers might be dissuaded from buying a ladder that does not meet current ANSI standards” because Mr. [read post]
