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Although the court agreed that Rogers test is the appropriate test, it nevertheless denied Rothschild’s Motion to Dismiss when construing the complaint in a light most favorable to Hermès who presents sufficient evidence that Rothschild’s use of the trademark is explicitly misleading, ranging from his efforts to “blanket social media with the “#MetaBirkins” hash tag to his explanation that he is trying to “create the same kind of illusion that the… [read post]
9 Mar 2023, 2:37 pm by Eugene Volokh
But the Court cannot overlook this statement, which is plausibly defamatory and which must survive the motion to dismiss. 3) Misrepresenting Legal proceeding Plaintiff alleges that the Article defamed it by misrepresenting the nature of the Johnson Case to make it appear that the organization engaged in frivolous litigation. [read post]
9 Mar 2023, 1:44 pm by Mark Ashton
In so doing it also dismissed Mother’s reconsideration motion (the one previously granted). [read post]
9 Mar 2023, 1:34 pm by Eric Caligiuri
A court can grant such a motion when the complaint lacks a cognizable legal theory or sufficient facts to support one. [read post]
9 Mar 2023, 1:10 pm by James Hoffmann
Over time, this type of repetitive motion could cause damage to your back, neck, and shoulders. [read post]
9 Mar 2023, 11:35 am by bndmorris
Victoria Sutton, Lost in Translation: A Translation That Set in Motion the Loss of Native American Spiritual Sites, 7 Indigenous Peoples’ J. [read post]
9 Mar 2023, 8:43 am by Mitchell Stabbe
  The defendant failed to file an answer to the complaint and the NCAA was granted a default judgment, after which it filed a motion requesting an award of attorneys’ fees against the defendant in the amount of $242,213.55. [read post]
9 Mar 2023, 7:46 am by Zalkind Duncan & Bernstein LLP
We also have a general civil litigation and complex motions practice. [read post]
9 Mar 2023, 7:30 am by Alex Phipps
The Court of Appeals affirmed the denial of defendant’s motion to dismiss. [read post]
9 Mar 2023, 7:01 am by omnizant.support
Therefore, should a party to a divorce withdraw all the funds from a marital bank account, they may face a motion for contempt for violating this administrative order. [read post]
9 Mar 2023, 5:18 am by Michael Geist
As Rodriguez and Liberal MPs continue to debate the motion on the Senate amendments today, they should know that Oorbee Roy is not a loophole. [read post]
9 Mar 2023, 5:01 am by Eugene Volokh
You can see Rotenberg's side of the story in the opposition to the motion to dismiss. [read post]
9 Mar 2023, 5:00 am
.), the court denied the Defendant nurse's and prison medical care company’s Motion to Dismiss a claim for an alleged §1983 denial of medical care and failure to intervene action after the Plaintiff's son died in prison of an alleged drug overdose. [read post]
9 Mar 2023, 12:00 am by Bryan West
In response, Nova brought a cross-motion asking the Court to restore the action to the trial list. [read post]
In the legal system, as in so many other aspects of our world, the COVID-19 pandemic was a powerful accelerant of certain trends already in motion. [read post]
Judge Theodore McKee, one sitting member of the 3rd Circuit panel hearing the motion, indicated that student-athletes could be considered employees under the Fair Labor Standards Act (FLSA). [read post]
8 Mar 2023, 11:50 am by Jonathan H. Adler
The plaintiffs have filed a motion for a preliminary injunction, which is currently pending in the district court. [read post]