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30 Jan 2017, 4:51 am
The elements of Texas’s unfair competition by misappropriation claim are: (1) the creation by a plaintiff of a product through extensive time, labor, skill, and money; (2) the use of that product by defendant in competition with plaintiff; and (3) commercial damage to the plaintiff. [read post]
30 Jan 2017, 4:51 am
The elements of Texas’s unfair competition by misappropriation claim are: (1) the creation by a plaintiff of a product through extensive time, labor, skill, and money; (2) the use of that product by defendant in competition with plaintiff; and (3) commercial damage to the plaintiff. [read post]
30 Jan 2017, 3:02 am
Joseph’s Regional Medical Center case, Stephen Miller/IGF] Study: states with stronger physician protection from malpractice suits had lower usage of imaging tests [Radiology Business on Suhui Li et al., Journal of the American College of Radiology] Hospitals that require employees to take flu shots to protect patients and others may pay dearly if they’re stingy with the religious exemptions [Jon Hyman] “Maybe For-Profit Hospitals Aren’t So Bad” [Shailin… [read post]
29 Jan 2017, 5:12 pm
Salomon has been superseded by a new “business entity” or “single business entity” test. [read post]
Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan
29 Jan 2017, 9:20 am
Punitive damages are not available under the ADA where plaintiff’s theory of liability is “novel or otherwise poorly recognized. [read post]
28 Jan 2017, 7:00 am
And if Hillary Clinton had won the election and had the Supreme Court appointment to make, the new Democratic-Party-favoring test may very well have become the law. [read post]
27 Jan 2017, 11:05 am
Yarbrough began in 2005 when the plaintiff appeared at a federally funded, not-for-profit clinic seeking pregnancy testing. [read post]
27 Jan 2017, 7:49 am
As a result, there is no coherent test among the many Bonnette-based tests. [read post]
27 Jan 2017, 6:07 am
Courts should consider initial interest confusion claims, whether in brick and mortar cases or Internet cases, under traditional likelihood of confusion tests and should consider each element of such tests, as well as related defenses, based on the facts of each case. [read post]
27 Jan 2017, 4:00 am
He reported suffering from auditory and visual hallucinations and tested positive for cocaine upon admission. [read post]
26 Jan 2017, 8:15 am
The statute didn’t save the plaintiffs complaint with respect to the school defendant, however, given the Court’s holding that IHSA’s work was not a “governmental function. [read post]
24 Jan 2017, 4:38 pm
” The post Will Yahoo’s Data Breach Reporting Become the Test Case for the SEC’s Cyber Disclosure Guidelines? [read post]
24 Jan 2017, 5:49 am
I represented the plaintiff in Barboza. [read post]
23 Jan 2017, 1:19 pm
Over the weekend, reports indicated that President Donald Trump’s shortlist for a nominee to fill the Supreme Court vacancy created by the death of Justice Antonin Scalia nearly a year ago has apparently gotten even shorter, with Jan Crawford of CBS News reporting that the list had been narrowed to Judge William Pryor of the U.S. [read post]
23 Jan 2017, 10:26 am
The test looks at whether the defendant’s negligence was a substantial factor in causing the plaintiff harm. [read post]
23 Jan 2017, 7:59 am
Previous case about plaintiff’s website impersonating defendant Palermo. [read post]
22 Jan 2017, 6:02 pm
The test used by the parties was from Mountain View Farms Ltd. v. [read post]
22 Jan 2017, 10:00 am
Plaintiff had received a vegan religious diet.In Fields v. [read post]
20 Jan 2017, 11:38 am
Marimow and Abigail Hauslohner of The Washington Post report that "Post-Sept. 11 profiling case tests government officials' broad immunity from civil suits. [read post]
20 Jan 2017, 6:44 am
The class of New Jersey plaintiffs reportedly includes about 900 individuals. [read post]
