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7 May 2024, 7:45 am by Guest Contributor
And importantly, the case survey does not indicate that the risk of federal preemption has increased. [read post]
7 May 2024, 7:43 am by centerforartlaw
The amicus brief focuses on the importance of the case for artists and freedom of expression, framing the February ruling as a threat to the First Amendment.[38] Specifically, the coalition seeks the court’s clarification that an artist’s intent to sell or otherwise commercialize their art does not impact the balancing test between trademark owners’ rights and artists’ rights.[39] In an interesting comparison, the brief notes that Hermès itself took the name… [read post]
Appreciating First Amendment protections, the ELVIS Act continues to provide certain exemptions from liability, like those found in the 1984 Act, where the unauthorized use is (i) in connection with news, public affairs, or sports broadcast or account; (ii) for the purpose of comment, criticism, scholarship, satire, or parody; (iii) a representation of the person in an audiovisual work (provided it does not create a false impression that the work is an authentic recording of that… [read post]
7 May 2024, 7:12 am by Scott Bomboy
New Hampshire holding that a local government had the ability to impose and enforce regulations that create order and safety for its citizens, which does not infringe upon constitutional rights. [read post]
7 May 2024, 6:59 am by Rebecca Tushnet
To bolster the plausibility of her claims, plaintiff alleged that industry practice was to the contrary: Häagen-Dazs Pistachio Ice Cream and Ben and Jerry’s Pistachio Ice Cream both include actual pistachios, as does Thrifty brand ice cream, disparagingly described as “a less premium brand than Cold Stone Creamery. [read post]
7 May 2024, 6:29 am by News Desk
Food contaminated with Salmonella bacteria does not usually look, smell, or taste spoiled. [read post]
7 May 2024, 6:20 am by privacylawyer
Assessment Direct, at para. 10, “the privilege does not protect information that would otherwise have to be disclosed”. [read post]
7 May 2024, 6:12 am
Does a healthcare provider have derivative authority to enforce ERISA’s protections if it has received a valid assignment of rights? [read post]
7 May 2024, 6:12 am by admin
  Audio recording, for instance, may provide evidence of injury but does little to protect the driver who is afraid the potential rider will harm them. [read post]
7 May 2024, 6:02 am by Robert Kraft
It is important to note that while Oncor does deliver electricity to millions of Texans, it is not an electricity retailer, and does not sell electricity directly to customers. [read post]
7 May 2024, 6:00 am by timothy-abeel
We serve clients in: Arizona California Florida New Jersey Ohio Oregon Pennsylvania Tennessee Texas West Virginia If you live in one of these states and think you might have a Lemon Law claim, check out our free resource, How Does Lemon Law Work. [read post]
7 May 2024, 5:40 am by Jon Hyman
Our state medical marijuana law does not require an employer to "permit or accommodate an employee's use, possession, or distribution of medical marijuana," nor does it prohibit an employer from "taking an adverse employment action against a person … because of that person's use, possession, or distribution of medical marijuana. [read post]
7 May 2024, 5:01 am by Eugene Volokh
Even if they go to Columbia knowing about Columbia policy (and about the boycott), they shouldn't be held responsible for what Columbia does, and they shouldn't be retaliated against as a means of trying to pressure Columbia to change. [read post]
7 May 2024, 4:45 am by Dylan Gibbs
Good morning.The judge hearing Donald Trump’s hush money trial said he really means it this time. [read post]
7 May 2024, 4:42 am
Excerpt:When Zionists claim that “from the river to the sea, Palestine will be free” is a call for genocide, I ask: Why does the idea of Palestinian freedom evoke “genocide” in your mind? [read post]
7 May 2024, 4:00 am by Amelia Landenberger
” Perhaps the two events may have been causally linked, but this statement does not specify whether that is the case. [read post]