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2 Nov 2016, 1:26 pm
”[7] In the Tenth Circuit, a prevailing plaintiff could recover fees by showing that the defendant acted in bad faith, while a prevailing defendant had to show that (1) the plaintiff’s case lacked foundation; (2) the plaintiff brought suit in bad faith; (3) the plaintiff prosecuted the case in an “unusually vexatious and oppressive manner”; or (4) “perhaps for other reasons as well. [read post]
2 Nov 2016, 1:26 pm
”[7] In the Tenth Circuit, a prevailing plaintiff could recover fees by showing that the defendant acted in bad faith, while a prevailing defendant had to show that (1) the plaintiff’s case lacked foundation; (2) the plaintiff brought suit in bad faith; (3) the plaintiff prosecuted the case in an “unusually vexatious and oppressive manner”; or (4) “perhaps for other reasons as well. [read post]
2 Nov 2016, 12:55 pm
Once again, all conducted tests were negative for any drugs on Eckert’s person. [read post]
2 Nov 2016, 10:03 am
This lawsuit was eventually submitted to mediation, where it eventually settled with the plaintiff receiving a cash payment. [read post]
2 Nov 2016, 4:00 am
The Legal Test for Copyright Infringement The test for infringement is whether there has been a substantial qualitative taking of the plaintiff’s song. [read post]
1 Nov 2016, 3:08 pm
Our Dallas personal injury lawyers have a nearly combined 100 years experience representing plaintiffs in personal injury, business, and dangerous prescription drug & device litigation. [read post]
1 Nov 2016, 12:58 pm
In its opinion, the court noted: “The suggestion that such laws should cover [plaintiffs] failure to read an unambiguous tablet-count does not pass the proverbial laugh test… In sum, plaintiffs’ claims amount to ‘non-actionable puffery,’ and are unreasonable as a matter of law. [read post]
1 Nov 2016, 11:19 am
There was no evidence that all the ATMs in the defendant’s system were compliant before the lawsuit was filed, and no evidence of a comprehensive policy for testing to make sure the ATMs remained compliant. [read post]
1 Nov 2016, 10:24 am
Plaintiffs then argue that the project will have a significant impact on traffic. [read post]
1 Nov 2016, 4:34 am
Related StoriesWhat happens to the new FLSA salary test under President Trump? [read post]
31 Oct 2016, 8:00 am
Diamond ordered further testing in the form of a PET scan. [read post]
31 Oct 2016, 8:00 am
Diamond ordered further testing in the form of a PET scan. [read post]
31 Oct 2016, 7:07 am
[A]fter the jury returned a verdict, but before final judgment, the Supreme Court determined that the Federal Circuit’s two-part test for enhanced damages was inconsistent with 35 U.S.C. [read post]
31 Oct 2016, 6:18 am
The Ninth Circuit’s test: “[F]irst, there must be some effect on American foreign commerce; second, the effect must be sufficiently great to present a cognizable injury to plaintiffs under the federal statute; and third, the interests of and links to American foreign commerce must be sufficiently strong in relation to those of other nations to justify an assertion of extraterritorial authority. [read post]
31 Oct 2016, 5:26 am
P.B., the Appellate Division addressed the second prong of that test and the misapplication of the facts to the law that led to the trial court denying the plaintiff’s request for a Final Restraining Order. [read post]
29 Oct 2016, 11:19 am
“Poisoned” explains technical details as lawyers wrangle over legal fees and doctors run tests on micro-organisms, while also weaving in the emotions of individuals and families. [read post]
28 Oct 2016, 2:39 pm
DNA tests confirmed that the plaintiff was not the father, and the mother was awarded custody of the child. [read post]
28 Oct 2016, 1:45 pm
The North Carolina Supreme Court purported to apply this test. [read post]
28 Oct 2016, 11:41 am
The types of evidence to be considered in determining whether a mark is generic include: (1) dictionary definitions; (2) generic use of the term by competitors and other persons in the trade; (3) plaintiff’s own generic use; (4) generic use in the media; and (5) consumer surveys. [read post]
Chief Judge Stark Grants Defendants’ Motion to Sever Claims with Respect to Infringement and Damages
28 Oct 2016, 10:06 am
Specifically, the Court granted Defendants’ motion to sever with respect to the patent infringement claims and damages after finding that the six-factor test set forth in In Re EMC Corp., 677 F.3d 1351 (Fed. [read post]