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6 Nov 2014, 8:37 pm
“[F]rom the claimants’ perspective,” he writes, “we have an eleven-year record marked by nearly as many successes as defeats and a widely held assumption that the future holds more promise than the past. [read post]
5 Nov 2014, 2:01 am
**************************************The cost-capped, damages-capped Intellectual Property Enterprise Court (IPEC) in England and Wales is designed for use by small and medium-sized claimants; it also has a small claims track. [read post]
3 Nov 2014, 3:05 am
* IP: the "no-patents round-up for non-techie people" Session 1. [read post]
30 Oct 2014, 9:51 am
Finding “no causal link” between” the product and the alleged harm where the claimant attempted to rely on case reports and anecdotal evidence because “there are too many unknown variables that make such raw information inherently unreliable. [read post]
27 Oct 2014, 10:33 am
Do the users and/or the operators of the website in question infringe the claimant’s trademarks? [read post]
27 Oct 2014, 5:27 am
The claimants were record companies claiming on their own behalf and in a representative capacity on behalf of the members of BPI (British Recorded Music Industry) and PPL (Phonographic Performance Ltd). [read post]
23 Oct 2014, 2:59 am
In intellectual property proceedings a claimant is free to choose between them but may not have the benefit of both. [read post]
16 Oct 2014, 7:02 am
And the record again offered conflicting testimony regarding the extent of the supervisors’ involvement in the TCRs’ negotiations. [read post]
14 Oct 2014, 8:48 am
In addition, both the UCBR and the Commonwealth court issued reasoned, written decisions based on the established record. [read post]
9 Oct 2014, 9:12 am
De Escabedo, 356 S.W.3d 390, 391 (Tex. 2011) (under statute limiting common-law collateral source rule, “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”; “providers set charges they maintain are reasonable while agreeing to reimbursement at much lower rates determined by insurers to be reasonable, resulting in great disparities between amounts billed and payments accepted”);… [read post]
2 Oct 2014, 6:30 am
Such attitude also implies bad claim handling and claimant confrontation. [read post]
29 Sep 2014, 10:38 am
Jones and dismissed the breach of fiduciary duty claim, finding there was no fiduciary relationship between them in the traditional or non-traditional sense. [read post]
18 Sep 2014, 4:29 am
A) don't believe everything you see on video; B) ensure that mono-lingual claimants are presented documents in their native language; C) when an employer's attorney meets with a claimant, ensure that the claimant is also represented...Oh, and when a claimant, make sure you have all of your evidence in the record to support your damages claim. [read post]
16 Sep 2014, 3:30 am
Indeed, the non-party witnesses in New Mexico have corroborated this position and presented compelling, independent evidence in support of the same …. [read post]
3 Sep 2014, 5:57 am
The landlord brought these facts to the lien claimant’s attention over and over and over again throughout the litigation. [read post]
1 Sep 2014, 10:33 am
Claimant: For purposes of copyright registration, the claimant is either the author of the work that has been submitted for registration, or a person or organization that owns all of the rights under copyright that initially belonged to the author of that work. [read post]
21 Aug 2014, 5:05 am
It's not as cut and dried as in other law.As a consequence WCJs find themselves with very real, very difficult, ethical and professional decisions to make and usually from the bench and without much time to reflect or research.For instance, much of the discussion in the Judicial Roles session was about claimants who are in propria persona ("in pro per" or representing themselves for non-lawyers) - just how far does a judge go to ensure that the in pro per… [read post]
[Will Baude] Potential circuit split over the right to possess eagle feathers for religious purposes
20 Aug 2014, 2:07 pm
But what about those who are members of non-recognized tribes, but who have similar religious needs? [read post]
14 Aug 2014, 6:25 am
Since employer presented no other evidence into the record regarding claimant’s employment eligibility status, any inference drawn from claimant’s assertion of his Fifth Amendment right in response to questions on this topic was found to be “too speculative” and the Commonwealth Court’s decision denying the employer’s suspension request has been affirmed. [read post]
10 Aug 2014, 2:08 pm
The record as thus far developed in the case. [read post]