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4 May 2011, 1:30 pm
P. 23(b)(1), 23(b)(2), and 23(b)(3)--constitute an important factor in analyzing whether or not punitive damages are appropriate. [read post]
9 Aug 2024, 7:11 am by Rebecca Tushnet
But a better definition includes A intending for B to conclude (or to communicate/imply) that P, acts so as to cause B to conclude that P, where P is false, and where A has the relevant beliefs. [read post]
10 Aug 2017, 12:56 pm by Rebecca Tushnet
   Functionality takes care of many worries b/c functional uses are immune from © claims, and context matters—useful article doctrine requires exclusion of fact of utility in considering the nature of creative elements. [read post]
21 Jul 2009, 10:26 am
P. 12(b)(6) attaching a copy of the underlying court judgment against Gargano. [read post]
30 May 2009, 1:57 pm by Tom B
Tom B ************’ Word Mark EDGE Goods and Services IC 009. [read post]
30 Oct 2013, 10:43 am by Greg Mersol
  The Rai case ended up a victory for the employer, but the case is noteworthy because of the class definition issues and because the court, more reminiscent of pre-Dukes opinions, resolved the matter under Rule 23(b)(3). [read post]
31 Dec 2014, 6:27 am by Rebecca Tushnet
  It’s always the totality of facts that matters. [read post]
7 Oct 2013, 11:01 am by Bexis
Mountain Fuel Supply Co., 858 P.2d 970, 979 (Utah 1993) (“medical test for early detection exists”; “prescribed . [read post]