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15 Nov 2022, 9:24 am
Many years ago, we had a client who had purchased a substantial amount of lumber from an LLC based on the express representations of an officer/member of the LLC about the quality of the lumber. [read post]
14 Nov 2022, 1:22 pm
Given the concern that a majority of the Supreme Court has increasingly expressed over actions by regulatory agencies—including the FTC, specifically, in AMG Capital Management LLC v. [read post]
14 Nov 2022, 10:09 am
AJ Press, LLC, written by Judge Daniel Bress and joined by Judge John Owens and District Judge Sidney Fitzwater: Punchbowl, Inc., is an online party and event planning service. [read post]
11 Nov 2022, 1:00 pm
Federal Express Corp., the employees urge the court to reinstate their collective action against the shipping carrier. [read post]
11 Nov 2022, 1:00 pm
Federal Express Corp. [read post]
11 Nov 2022, 9:19 am
In contrast, MUTSA provides a specific (albeit lengthy) definition of “misappropriation”: (i) an act of acquisition of a trade secret of another by a person who knows or who has reason to know that the trade secret was acquired by improper means; or (ii) an act of disclosure or of use of a trade secret of another without that person’s express or implied consent by a person who (A) used improper means to acquire knowledge of the trade secret or (B) at the time… [read post]
9 Nov 2022, 1:00 pm
See Texas Brine Co., LLC. v. [read post]
9 Nov 2022, 12:57 pm
From Corso Ventures, LLC v. [read post]
9 Nov 2022, 10:22 am
Moody v NetChoice, LLC, No. 21-12355 (11th Circuit, 2022). [read post]
8 Nov 2022, 1:03 pm
There's no express entrustment language (and express disclaim thereof), and many states don't recognize constructive trusts without a judicial order. [read post]
4 Nov 2022, 7:56 am
The court stated that the purpose of the First Amendment is to protect private expression and that nothing in the guarantee precludes the government from controlling its own expression or that of its agents. [read post]
3 Nov 2022, 11:00 pm
BRAZIL The second round of voting in the Brazilian presidential elections took place on 30 October 2022. [read post]
3 Nov 2022, 4:00 am
Miss United States of America, LLC, (9th Cir., Nov. 2, 2022), the U.S. 9th Circuit Court of Appeals held that it violates the free speech rights of the Miss USA Pageant to require it under Oregon's Public Accommodations Act to include a transgender female in the Pageant. [read post]
2 Nov 2022, 9:56 am
The district court granted the Pageant's motion for summary judgment, holding that the First Amendment protects the Pageant's expressive association rights to exclude a person who would impact the group's ability to express its views. [read post]
31 Oct 2022, 6:00 pm
The post No More No Means No…“Yes” Now Required for College Sex Consent; Preparing for Rape & Sex Assault Investigations at UConn, Yale, Trinity and Quinnipiac appeared first on The Law Offices of Mark Sherman,LLC. [read post]
31 Oct 2022, 8:10 am
You may feel that you are unable to fully express your side of the story when you are forced to give such a direct answer. [read post]
31 Oct 2022, 8:10 am
You may feel that you are unable to fully express your side of the story when you are forced to give such a direct answer. [read post]
31 Oct 2022, 4:53 am
In Sage, the Court of Appeals overturned a line of case law starting with Crossroads ABL LLC v Canaras Capital Mgt., LLC (105 AD3d 645 [1st Dept 2013]). [read post]
26 Oct 2022, 6:58 am
The case is 303 Creative LLC v Elenis, on appeal from No. 19-1413 (10th Cir. 2021) (also noted on this point here); certiorari was granted on 22 February 2022 (pdf); it has now been set down for argument on Monday, 5 December 2022 (pdf); and updates can be monitored via SCOTUSblog. [read post]
26 Oct 2022, 4:07 am
In Enervest Operating, LLC v. [read post]
