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22 Mar 2016, 7:16 am
The case, Graziadio v. [read post]
21 Oct 2012, 5:47 am
Jury instructions, on the other hand, are a set of legal instructions given to the jury to aid them in coming to a verdict, such as “If you believe A, B, and C occurred, then you must find D. [read post]
30 Sep 2008, 1:34 pm
At any event, I’ve done a really cursory look for the legislative authority behind this micro-management of micro-brewery labeling, and have come up with Licences to Sell Liquor, R.R.O. 1990, Reg. 719, particularly s.87(2), dealing with advertising: (2) Except for public service advertising, the holder of a licence to sell liquor may advertise or promote liquor or the availability of liquor only if the advertising, (a) is consistent with the… [read post]
3 May 2012, 2:01 am
In a post this March, this Kat confessed that he had failed to spot that there was a hearing before the Court of Justice of the European Union in a reference for a preliminary ruling from the Brussels Cour d'appel in Case C-376/22 Pie Optiek v Bureau Gevers, European Registry for Internet Domains since he didn't even know it was in the pipeline (or should that be "pie-line"?). [read post]
17 Dec 2009, 10:22 pm
Bernstein and Thomas C. [read post]
16 Apr 2009, 9:00 am
V. [read post]
5 May 2012, 9:22 pm
The statute requires the State to consider four essential facts: (a) a transfer occurred; (b) there was no adequate consideration; (c) the gift was a material portion of the decedent’s estate; and (d) the gift occurred within three years of the decedent’s death. [read post]
24 Jun 2016, 7:03 am
John’s Holdings were: (a) whether a text message can be a writing under the Statute of Frauds; (b) whether the alleged writing contains sufficiently complete terms and an intention to be bound by those terms; (c) whether the text message is signed; and (d) whether there is an offer and acceptance. [read post]
25 Jan 2021, 5:09 pm
The case of Doppes v. [read post]
4 Aug 2023, 6:17 am
” “ Betz commenced an action against the respondent, and multiple successor attorneys who served the executor and/or the estate, in the Supreme Court, Westchester County, entitled Debra Betz, Administrator of the Estate of Carmelo Carbone (a/k/a Mel Carbone ) v Arnold Blatt, et al. [read post]
3 May 2018, 10:30 am
C) The worker must be engaged in an independently established trade, occupation, or business. [read post]
10 Dec 2019, 3:06 am
John blogged about the bill back in June when it passed out of the House Financial Services Committee – it would broadly describe “wrongful” trading or communication of material non-public information by tying it to: (A) theft, bribery, misrepresentation, or espionage (through electronic or other means); (B) a violation of any Federal law protecting computer data or the intellectual property or privacy of computer users; (C) conversion, misappropriation, or other… [read post]
21 Oct 2009, 1:18 pm
In today’s case (Smith v. [read post]
25 Mar 2010, 5:05 am
The IPKat has just taken a look at Case C-278/08 Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH v Günter Guni and trekking.at Reisen GmbH, a reference for a preliminary ruling from the Oberster Gerichtshof (Austria) dating back to June 2008 but sadly unobserved by most European trade mark-watchers. [read post]
4 Oct 2009, 6:44 am
Such was the case in Commercial Interiors Corporation of Boca Raton v. [read post]
14 May 2017, 7:01 pm
See Aguirre v. [read post]
8 Nov 2011, 12:08 am
In last week’s case (Tran v. [read post]
25 Jan 2021, 5:09 pm
The case of Doppes v. [read post]
19 Oct 2010, 12:52 pm
Specifically, in Hyundai Motor Am. v. [read post]
15 Feb 2013, 5:59 pm
For anyone who worries that writers at this site are getting soft--and tolerant of dumb ways to maintain court systems--we will reach out and try here to be frank, forthright and clear: Popular election of state judges is beneath: (a) you, (b) your law firm, (c) your family's dog, and (d) especially your clients, and especially if you act for businesses who trade nationally or globally. [read post]