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18 Apr 2015, 2:08 pm by Stephen Bilkis
The standard established in the First and Second Departments required the events to be "relatively contemporaneous" if they are to support the finding of a family offense and the need for an immediate order of protection (Matter of Ashley P., 31 AD3d 767, 769 [2d Dept 2006]; Swersky v Swersky, 299 AD2d 540 [2d Dept 2002]; Yoba v Yoba, 183 AD2d 418 [1st Dept. [read post]
18 Apr 2015, 11:05 am by Rebecca Tushnet
Courts don’t evaluate whether a defendant’s work is transforming the Ps identity, but rather how creative the d’s work is. [read post]
17 Apr 2015, 3:56 pm by Stephen Bilkis
When confronted with a copy of the text message, Father admitted that he had sent the text "to let A.L. know that he was no longer in Applebee's where they were having a meal and had moved to the Barnes and Noble as he prefers using their toilet" (Plaintiff's #6 at p.6). [read post]
17 Apr 2015, 10:45 am by Rebecca Tushnet
Finally, courts are construing purpose very narrowly to find D’s purpose different from Ps purpose. [read post]
16 Apr 2015, 10:22 am by Karel Frielink
The post SUPREME COURT U-TURN appeared first on Karel's Legal Blog. [read post]
16 Apr 2015, 5:26 am
  As for the claimed off-label promotion, “[p]rescribing physicians had varied exposure to [defendant’s] marketing. [read post]
15 Apr 2015, 8:10 pm by David Friedman
 But there is another reason it matters. [read post]
15 Apr 2015, 4:03 am
A more general negative reaction to the CJEU’s new public criterion follows from the fact that the issue of creating new or altered limitations and exceptions to copyright law or related rights within the EU, to have more precise solutions, to make them mandatory etc. are all matters to fall within the precise EU legislative framework, not as an effect of case law. [read post]
12 Apr 2015, 11:34 am by Stephen Bilkis
The standard established in the First and Second Departments required the events to be "relatively contemporaneous" if they are to support the finding of a family offense and the need for an immediate order of protection (Matter of Ashley P., 31 AD3d 767, 769 [2d Dept 2006]; Swersky v Swersky, 299 AD2d 540 [2d Dept 2002]; Yoba v Yoba, 183 AD2d 418 [1st Dept. [read post]