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23 Jul 2017, 7:03 am
Two recent cases, reported by Minnesota's Bureau of Mediation Services, address the question of the appropriate standard of proof in a discharge case.In Hennepin Healthcare System, Inc., grievant had been dismissed from his position as a Protection Officer in the Hennepin County Medical Center, allegedly for striking a patient. [read post]
Court address claims of breach of contract, negligent termination and defamation alleged by educator
8 Jan 2019, 4:00 am
" The court then opined that even if such a claim existed under New York Law, Williams’s relationship with the District was governed by contract, and the well-established rule is that "a simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated," citing Clark-Fitzpatrick, Inc. v. [read post]
8 Mar 2013, 3:27 pm
(emphasis added)I won’t comment further for the moment, since I (along with most other active copyright counsel in Canada) am involved in this case. [read post]
23 Jan 2014, 11:05 am
Waste Information & Management Services, Inc. [read post]
25 Feb 2022, 3:49 am
TTABlogger comment: FWIW, I don't think much of that Waylon Jennings song. [read post]
18 Dec 2012, 2:57 pm
BAC Home Loans Servicing, LP, 2012 Westlaw – – (Cal.App.) [read post]
5 Aug 2015, 4:00 am
The employer filed a complaint with PERB alleging the union violated its duty to negotiate in good faith when it refused to sign the disciplinary settlement agreement that the employer contended was required by §204.3 of the Civil Service Law [the Taylor Law]. [read post]
7 Feb 2014, 2:26 am
These questions arose in connection with this Kat’s perusal of the recent decision of the EU General Court (Seventh Chamber) given on October 2, 2013, in The Cartoon Network, Inc. v OHIM and another (Case T-285/12),here, which inter alia addressed the issue of coexistence.As a matter of practice, and depending upon the jurisdiction, the thinking behind an inquiry into coexistence is that, if the two marks coexist in various jurisdictions, it should be an indication of an… [read post]
3 Jul 2014, 12:59 pm
In The Naked Cowboy v The Blue M & M case, more likely to be cited in a court of law as Burck v Mars, Inc., the Southern District Court of New York explained that “any recognizable likeness, not just an actual photograph, may qualify as a portrait or picture. [read post]
27 Feb 2013, 6:59 am
========================© 2013 Vicki Voisin, Inc. [read post]
27 Sep 2013, 6:02 am
Multiband Field Services, Inc., Case No. 13-10765 (E.D. [read post]
27 Aug 2018, 9:56 am
Finally, UEFA argued that the Office’s assessment was not in line with US Supreme Court judgment in Feist Publications Inc v Rural Telephone Services (499 US 340 (1991)) (Feist).The legal framework and the CORB assessmentPursuant to Section 102a of the US Copyright Act (USC), a work may be registered if it qualifies as an original work of authorship fixed in any tangible medium of expression. [read post]
2 Apr 2021, 1:34 am
In early June 2014, SASCO assigned the CIT Deed of Trust to DLJ Mortgage Capital, Inc. [read post]
13 Nov 2019, 2:54 am
[If you can't take the heat, get out of the crucible - ed.] [read post]
4 Apr 2014, 9:00 am
We will be watching to see how the state courts respond; we wouldn’t be surprised to see a certified question to the Illinois Supreme Court to resolve the status of Fifield with finality. [read post]
2 Nov 2012, 12:47 pm
[#Climate] GET THE REST OF TODAY'S NEWS (click here)32 Years of Environmental Reporting for serious Environmental ProfessionalsWaste Information & Management Services, Inc. [read post]
18 May 2015, 3:57 am
According to Marvin Ginn, "[t]he critical issue in genericness cases is whether members of the relevant public primarily use or understand the term sought to be protected to refer to the genus of goods or services in question. [read post]
30 Jun 2021, 2:47 am
Apple Inc., Opposition No. 91239006 (June 26, 2021) [not precedential] (Opinion by Judge Marc A. [read post]
2 Mar 2018, 5:28 am
Courtney Barnett feels my pain, and crafted, via song, the perfect response: Don’t you have anything better to do? [read post]
1 May 2014, 8:45 am
Nothing We're Tracking Today (click for the complete Energy & EPA announcements) (c)Waste Information & Management Services, Inc. [read post]