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15 Feb 2021, 6:32 am
Toy manufacturers have enormous resources to fight such lawsuits and will aggressively defend itself. [read post]
15 Feb 2021, 6:10 am
Many of these lawsuits also name well-known venture capitalist Chamath Palihapitiya as a defendant, alleging that he made several supportive statements lauding Clover for, among other things, its transparency and strong business model. [read post]
15 Feb 2021, 2:00 am
The defendants noted that of the four factors, the settlement amount, the relationship between the parties, and the fact that Tony Hartley was not named as a defendant all weighed towards collusion, and the lack of an attempt to conceal the circumstances that the settlement was “neutral. [read post]
14 Feb 2021, 5:14 pm
The truck driver and his employer (also named as a defendant in the lawsuit) averred that the decedent was at fault in the accident because he was speeding and was under the influence of both marijuana and methamphetamines, which they claimed impaired his ability to operate his vehicle safely. [read post]
14 Feb 2021, 4:47 pm
Al Williams graduated from UM Law school in 1976, joined the PDs office and spent the next 35 years defending the people of his home town. [read post]
14 Feb 2021, 11:29 am
As Eric notes on his post on that case, “[defendants’] spam failed to comply with CAN-SPAM in several respects, including forged headers, fake email addresses and bogus contact info. [read post]
14 Feb 2021, 5:01 am
" Therefore, the commercial nature of the use doesn't matter much for fair use analysis so long as "the link between [the defendant]'s commercial gain and its copying is … attenuated" (e.g., when "it would strain credulity to suggest that providing access to [the copied material] call more than trivially affected the value of [defendant's] service"). [read post]
13 Feb 2021, 5:24 pm
"A mob was assaulting the Capitol in his name. [read post]
13 Feb 2021, 10:17 am
Republican consultants were men of profound conscience defending the Republic was a complete and total joke. [read post]
13 Feb 2021, 9:55 am
Even the Encyclopedia Britannica, referencing names like John Gotti and Bugsy Siegel, defines “organized crime” as a “…complex of highly centralized enterprises set up for the purpose of engaging in illegal activities. [read post]
13 Feb 2021, 9:08 am
This is often true where a defendant is active on social media. [read post]
12 Feb 2021, 3:32 pm
(I couldn’t find a book by that name but this looks interesting.) [read post]
12 Feb 2021, 12:59 pm
Evidence does not equal eminence, and expert witnesses in court must show their data and defend their inferen [read post]
12 Feb 2021, 12:30 pm
A defendant in a 1980s murder trial didn't pay the judge, while his co-defendant did. [read post]
12 Feb 2021, 12:05 pm
Supp. 1339 (D.N.J. 1981)) the court held that the right of publicity evolved from the common law of privacy and the corresponding tort “of the appropriation, for the defendant’s benefit or advantages, of the plaintiff’s name or likeness. [read post]
12 Feb 2021, 11:53 am
Frank Bowman recently published an essay in Lawfare that criticized arguments I made in an essay on the site. [read post]
12 Feb 2021, 7:11 am
As the Court explained, the ITSA, like the federal Defend Trade Secrets Act, allows successful defendants to recover attorneys’ fees incurred defending “bad faith” misappropriation claims. [read post]
12 Feb 2021, 6:23 am
The defenders of woke theory say that France is becoming more diverse, and that’s why it needs more of the overt race-consciousness and blame-assignment that their theory provides. [read post]
11 Feb 2021, 9:05 pm
Their lawsuit was filed in early 2020, naming then-Secretary of Agriculture Sonny Perdue as the defendant. [read post]
11 Feb 2021, 9:03 pm
Jorge Loweree, director of policy for the American Immigration Council, reportedly said that the rule is still likely to be adopted and that the comment period extension is just a tactic to defend against future litigation. [read post]