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18 Mar 2019, 4:13 am by Andrew Lavoott Bluestone
While incontrovertible proof of fraud is not required at the pleading stage, CPLR 3016[b] mandates particularity such that elementary facts from which misconduct may be inferred must be stated (see Eurycleia Partners, LP v Seward & Kissel, LLP, supra). [read post]
20 Sep 2012, 3:22 am by Daithí
Graham Linehan), series 2 episode 3 : parody of MPAA video Pretty Woman – 2 Live Crew (fair use / parody) Campbell v Acuff-Rose (1994) 510 US 569 Encore  - DJ Danger Mouse (mashup) Under Pressure – Queen / David Bowie; Ice Ice Baby – Vanilla Ice (sampling/licensing) Barbie Girl – Aqua (trick question – trademark, not copyright) Mattel v MCA (2002) 296 F 3d 894 (9th Circuit CA) Empire State of Mind // Newport… [read post]
23 Mar 2012, 12:24 pm by Michael O'Hear
  Better still would be a complete abandonment of Wainwright, which is no longer really necessary to advance finality and comity interests in criminal litigation in light of the later-adopted total-exhaustion rule of Rose v. [read post]
23 Feb 2007, 7:53 am
Reversing a summary judgement that had been granted to a company that operates Wendy's fast-food restaurants in Florida, the state's 4th District Court of Appeal ruled on February 14 in Byrd v. [read post]
6 Aug 2016, 8:09 am by Karen Jensen
The Court found that harassment of the kind alleged by the employee rose to the level of workplace violence, stating that “psychological bullying can be one of the worst forms of harm that can be inflicted on a person over time. [read post]
5 Dec 2017, 6:45 am by Derek T. Muller
Good news from the California bar: the overall bar pass rate rose year-over-year from 43% to 49.6%. [read post]
4 Dec 2023, 7:41 am by CMS
In this post, Phil Woodfield and Elizabeth Lombardo of CMS comment on the Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41, which was handed down on 15 November 2023. [read post]
12 Jul 2009, 1:46 pm
" Unfazed by the court's decision, the plaintiffs' lawyer Louis Solomon (Proskauer Rose LLP) stated that it was not "going to limit" the case. [read post]