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22 Nov 2020, 9:31 am
’ but may not refuse to disclose any relevant fact within his knowledge merely because he incorporated a statement of such fact into his communication to his attorney.14 La Coss and Upjohn demonstrate that defendants may not withhold knowledge of relevant factual information on the basis of privilege because the defendant discussed the facts with counsel. [read post]
31 Jan 2024, 9:01 pm
Given the recent proliferation of these suits, a body of law has developed around the extent to which allegations derived from such reports should be credited on a motion to dismiss. [read post]
23 Jan 2023, 5:00 pm
Let’s start with the Copyright Act’s definition: A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. [read post]
23 Mar 2011, 6:26 am
The motion judge, Belobaba, J. disagreed and dismissed the defendants’ motion and held that the Ontario court had jurisdiction over the actions and Ontario was the convenient and appropriate forum. [read post]
30 Aug 2012, 3:00 pm
Accordingly, the motion to dismiss count two is denied. [read post]
18 Jan 2013, 10:54 am
The defendants executed formal contracts, to which were annexed the bid information and the wage schedules, which were also incorporated by reference. [read post]
15 Feb 2021, 7:56 am
The CPRA cloned-and-revised the CCPA, but it didn’t incorporate any learnings from the CCPA (because it was drafted before the CCPA became law). [read post]
8 Mar 2024, 9:06 am
” With her divorce complaint, the wife filed a motion to set aside the prenuptial agreement. [read post]
17 Dec 2009, 6:33 am
A company’s risk management system should function to bring to the board’s attention the company’s most material risks and permit the board to understand and evaluate how those risks interrelate, how they affect the company, and how management addresses those risks. [read post]
13 May 2021, 11:56 am
An out-of-state attorney’s pro hac vice status may be revoked upon a motion to the Court. [read post]
25 Jan 2011, 5:00 am
Too-costly, too-lengthy arbitration begins with businesses that incorporate arbitration clauses in their contracts. [read post]
16 May 2012, 3:30 am
Consumers do not buy the copyrighted work when they purchase a DVD of a motion picture,” wrote (.pdf) [read post]
30 Jan 2018, 9:59 pm
Litigation data on motion practice in patent cases reveals that, when decision costs have not yet accrued, motions to dismiss and motions for judgment on the pleadings are based primarily on subject matter ineligibility. [read post]
16 Jan 2018, 10:45 am
The court denied ETS’s motion for summary judgment, among other things holding that §349 and §350 don’t incorporate whatever is left of the Lanham Act’s “use in commerce” requirement, which meant that ETS’s partial motion for summary judgment as to its use of the S’well name was only partly granted.S’well has a registration for the shape of its S’well bottle, on the Principal Register as of 2017. [read post]
11 Apr 2010, 10:00 am
§ 102(a)(6) (listing “motion pictures and other audiovisual works” as copyrightable works of authorship). [read post]
28 Nov 2011, 3:00 am
The Briefs In September 2010, the intermediate appellate court granted the defendants' motion for leave to appeal to the state's highest court, the New York Court of Appeals. [read post]
21 May 2009, 2:13 pm
A complete fix, and maybe better than that.Liability versus remedy - The same fix that prevents the "material advancement" test from being circular also applies here. [read post]
28 Jun 2012, 1:20 pm
The state opposed the motion, relying primarily on {Slip Opn. [read post]
22 May 2012, 8:55 am
Although Dianna's and Madge's individual agreements incorporated nearly identical terms for resolving their disputes with their siblings, Dianna did not sign Madge's agreement with Harold, Susanna, and John, and Madge did not sign Dianna's agreement with Harold, Susanna, and John. [read post]
19 Apr 2019, 5:59 am
April 16, 2019Appellate Division, Second Department Appellate Division holds that Indian Child Welfare Act applies to Neglect Proceeding and Shinnecock Tribe had right to intervene In Matter of Durpee M, v Samantha Q., 2019 WL 1461831 (2d Dept., 2019) the mother and her husband (father) were the parents of the child, who was born in January 2017. [read post]
