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18 May 2018, 6:05 am by John Jascob
To obtain a temporary restraining order, a movant must demonstrate: (1) a colorable claim; (2) a likelihood of imminent, irreparable harm if relief is withheld; and (3) greater hardships if the relief is not granted than the defendants would suffer if restrained. [read post]
19 Aug 2013, 10:20 am by Bexis
  How can the defendant drugmaker comply with federal law while also satisfying whatever duty state tort law imposes? [read post]
14 Nov 2018, 12:28 pm
The first line of this opinion will tell you a lot about (1) California, and (2) where the law in this area is likely to go in the future. [read post]
13 Sep 2013, 11:29 am by K&L Gates
  Negligence in losing or destroying documents is not sufficient ‘because it does not support an inference of consciousness of a weak case. [read post]
2 Dec 2014, 6:51 pm by Rebecca Tushnet
  The defendant in an infringement case isn't seeking the "right" to use its word mark in the abstract; it's defending against a claim that it's infringing somebody else's mark, and that is a question about actual use.Disclosure: I mooted respondent's counsel, for which I was compensated. [read post]
6 Aug 2007, 8:46 am
State Citation: 2007 WY 123 Docket Number: S-07-0014 Appeal from the District Court of Laramie County, Honorable Nicholas Kalokathis, Judge Representing Appellant (Defendant): Dion J. [read post]
12 Oct 2006, 9:19 pm
The blog's first post was on February 2, 2006 and is called "And away we go... [read post]
8 Jun 2012, 8:32 am by Giesela Ruehl
It found that Article 2 (1) of the Brussels I-Regulation, requiring claimants to bring a lawsuit in the courts of the Member States of the defendant’s domicile, did not apply because the defendant was not domiciled in Germany. [read post]
26 Jan 2009, 8:08 am
And at least 2 percent of project funds should be allocated to such training. [read post]
The introduction of any expert testimony under this division shall be in accordance with the Ohio Rules of Evidence.Thus, the General Assembly explicitly provides for only two (2) situations wherein a defendant is explicitly authorized to introduce expert testimony of the “battered woman syndrome. [read post]
2 May 2016, 1:11 pm
The fact that Defendant pled guilty to a crime arising from possession of evidence seized during a search does not preclude him from appealing the trial court's motion to suppress. [read post]
8 Sep 2009, 7:23 am
The search warrant for defendant's home in a drug murder case lawfully revealed the victim's belongings in plain view. [read post]
13 Jun 2022, 8:44 am by Jan Jacobi
This can inter alia be explained by the fact that article 6(2) does not aim to cancel the mark or prevent its registration, but merely limits the rights conferred by a registered trade mark. [read post]
9 May 2019, 4:28 am by Andrew Lavoott Bluestone
Additionally, even if open to the idea, the buyer would likely have sought to extract something in return from plaintiff, a possibility that plaintiff does not address. [read post]