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2 Jun 2017, 2:49 am
As for similarity, the CA overruled the Judge’s finding of dissimilarity by the High Court, holding that the competing marks were similar. [read post]
4 Jan 2017, 7:09 pm by Schachtman
Chief Judge Sargus apparently was oblivious to the difference between “X causes Y” and “X may increase the risk of Y. [read post]
12 May 2016, 6:14 pm by Jason Rantanen
This approach bears some similarity to the determination of utility patent damages under the entire market value rule[x]. [read post]
14 Mar 2016, 2:56 am by Kevin LaCroix
  A paralegal working at the insured law firm, Cumberland & Erly, LLC (“C&E”), embezzled $157,268.75 through forging checks. [read post]
9 Dec 2015, 6:50 am
  To avoid placing such a handicap upon the freedoms of expression, we hold that if the allegedly [tortious] statements would otherwise be constitutionally protected from the present judgment, they do not forfeit that protection because they were published in the form of a paid advertisement.376 U.S. at 266 (citations and quotation marks omitted).That makes sense, since most litigation over pharmaceutical labeling is, at bottom, a fight over science – both sides’ experts… [read post]
7 Oct 2015, 4:46 pm by Kevin LaCroix
., In re General Motors LLC Ignition Switch Litigation, 80 F. [read post]
18 Sep 2015, 4:54 pm by Arthur F. Coon
Relevant factors that an agency may consider include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and description of covered infrastructure, as presented in the project description or elsewhere in the program EIR. [read post]
14 Sep 2015, 4:32 pm by Kevin LaCroix
Finally, there are some factors that are unknowable ex ante—i.e., the number of damaged shares and class participation rates—that introduce uncertainty into the final equation. [read post]
23 Jul 2015, 5:04 am by Jon Gelman
All of the factors must be considered in each case, and no one factor (particularly the control factor) is determinative of whether a worker is an employee. [read post]
25 Apr 2015, 11:03 am by Schachtman
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
1 Dec 2014, 5:50 am by Rebecca Tushnet
Summit Agro USA, LLC, 2014 WL 6627727,  No. 14–51 (D. [read post]