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14 May 2015, 2:15 pm by Maureen Johnston
§ 1951(a), requires proof that a defendant committed an overt act in furtherance of the alleged conspiracy. [read post]
20 Apr 2015, 5:04 am by Rebecca Tushnet
 As to the promisory estoppel claim, Kroma EU would need to show: (1) the plaintiff relied to its detriment on a promise made by the defendant, (2) the defendant should have reasonably expected the plaintiff to rely on the promise, and (3) injustice can be avoided only by enforcing the promise. [read post]
21 Dec 2023, 9:00 am by Alessandro Cerri
 As the defence of acquiescence did not apply, the Defendants had infringed the Claimant's UKTM, and the Defendants' UKTMs were invalid on the ground that their use was liable to be restrained as passing off, pursuant to section 47(2)(b) TMA 1994. [read post]
23 Jul 2014, 7:49 pm
Defendants, the State of New York and the New York City Criminal Court, and the Judges thereof by Joan B. [read post]
1 Jul 2018, 8:16 am by Eric Goldman
On one hand, plaintiff does not contest defendants’ right to use the name “Universal Life Church,” and therefore defendants have a legitimate, good faith reason to use “universal” and “church” in their search engine optimization strategies. [read post]
19 Dec 2011, 4:03 pm by INFORRM
  Let us take, for example, the leading case of Naomi Campbell v MGN Ltd [2004] UKHL 22, [2004] 2 AC 457, concerning a well known model with a drug problem. [read post]
23 Jun 2013, 9:28 pm by Luke Rioux
As he writes in page 2 of his slip concurrence:At the very least, the [6th] Amendment seeks to protect defendants against “the wishes and opinions of the government”... [read post]
14 Oct 2015, 4:56 am by SHG
Gevorkyan sued for its return, raising the question of when does a bail bondsman earn his fee? [read post]
8 Nov 2016, 7:57 am by INFORRM
 It held (15:2) that there is an Article 1o right to public access to information where access to the information is instrumental for the individual’s exercise of his or her right to freedom of expression. [read post]
16 Mar 2024, 3:02 pm by Mavrick Law Firm
Cotton, 463 So.2d 1126 (Fla. 1985), explained that the elements of a claim for tortious interference with a business relationship are “(1) the existence of a business relationship…(2) knowledge of the relationship on the part of the defendant; (3) an intentional and unjustified interference with the relationship by the defendant; and (4) damage to the plaintiff as a result of the breach of the relationship. [read post]
24 Jul 2017, 9:37 am by Jeff Welty
Strangely, the substantial similarity requirement does not apply to prior federal felony convictions – those still count regardless of similarity. [read post]
12 Jun 2015, 10:49 am by Eric Goldman
Section 230(c)(2) Fails YouTube defended some of the claims on Section 230(c)(2), the lesser-luved sibling of Section 230(c)(1). 230(c)(1) says websites aren’t liable for third party content; Section 230(c)(2) says websites aren’t liable for their filtering decisions. [read post]
4 Jun 2022, 12:00 pm by Eugene Volokh
" In addition, the defendants participated in exchanges with an individual named Derek Myers. [read post]
2 Aug 2010, 7:39 pm by Gideon
And how does the court system solidify that presumption? [read post]
16 Feb 2023, 5:16 am by Jack Hoover
The Halberstam elements include “(1) the party whom the defendant aids must perform a wrongful act that causes an injury; (2) the defendant must be generally aware of his role as part of an overall illegal or tortious activity at the time that he provides the assistance; [and] (3) the defendant must knowingly and substantially assist the principal violation. [read post]