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8 Apr 2015, 12:10 pm by Venkat Balasubramani
An employee posting stray personal messages to a company account can be analogized to an employee who uses work to send personal messages once in awhile. [read post]
23 Jun 2014, 12:57 pm by Schachtman
  The specific causal attribution is analogous to differential diagnosis, in its process of ruling in, and then ruling out, and therefore is sometimes called differential etiology. [read post]
11 Sep 2009, 6:31 pm
The first, the analytical method, focuses on the infringer's projections of profit for the infringing product. [read post]
12 May 2016, 6:14 pm by Jason Rantanen
One need only reflect on the fact that more than 1,000 qui tam actions for false marking were filed by opportunistic plaintiffs following the 2009 Federal Circuit decision in Forest Group, Inc. v. [read post]
21 Aug 2011, 9:56 pm by Guest Contributor
The GC is analogous to the foundation of a home. [read post]
9 Sep 2010, 10:12 pm by Gordon Smith
This is a rare holding, as the Delaware courts traditionally have little problem locating a threat and spend most of their analytical energy on the proportionality prong of Unocal. [read post]
5 Oct 2021, 8:21 am
This assignment has already produced a brilliant exposition in furtherance of legal pluralism in the extra-national context almost fifteen years ago.[3] There, Paul Schiff Berman considered the rise of the self-styled New Haven School of International Law[4] and its focus on law as a social process of authoritative decision-making.[5] He argued that “Cover’s emphasis on norm-generating communities—rather than nation-states—and his celebration of “jurisdictional… [read post]
18 Apr 2017, 1:13 pm by Eric Goldman
Recently, the FTC filed its “Complaint Counsel’s Corrected Pre-Trial Brief and Exhibits” in the Matter of 1-800 Contacts, Inc. [read post]
5 Sep 2023, 9:18 am by Daniel M. Kowalski
Avianca Inc , Judge Castel in the Southern District of New York sanctioned two New York lawyers and their law firm for $5000 for submitting a brief citing fake cases generated by ChatGPT. [read post]
13 Jul 2020, 9:01 pm by Vikram David Amar
Judges of the Supreme Court” (Article II, §2, clause 2) surely gives neither the President nor the Senate (nor both acting together) the power to punish and replace justices who may vote in cases differently than their appointers wanted or even differently than the justices indicated they would prior to becoming justices.Perhaps an even more relevant analogy is selection of people to serve in the United States Senate. [read post]
24 Aug 2015, 8:28 am by Ralph L. Jacobson
., barring a plaintiff’s claim without employing the analytic model of due care set out in Civil Code Section 1714, and the jurisprudence of contributory fault). [read post]
9 Sep 2019, 1:20 pm by Venkat Balasubramani
Moreover, hiQ pointed to possible anti-competitive motives in LinkedIn’s actions: HiQ has raised serious questions about whether LinkedIn’s actions to ban hiQ’s bots were taken in furtherance of LinkedIn’s own plans to introduce a competing professional data analytics tool. [read post]
13 May 2015, 5:25 am by Joy Waltemath
Finding that the district court fundamentally misapprehended the reach of Wal-MartStores, Inc. v. [read post]
9 Jan 2024, 8:24 am by Eric Goldman
The plaintiffs are parents of Snapchat users who purchased fentanyl from other Snapchat users and suffered overdoses. [read post]
24 Nov 2012, 12:38 pm by Schachtman
In addition, Havner requires that a plaintiff show ‘that he or she is similar to [the subjects] in the studies’ and that ‘other plausible causes of the injury or condition that could be negated [are excluded] with reasonable certainty’.40” 347 S.W.3d at 265 (quoting from Merrell Dow Pharmaceuticals, Inc. v. [read post]