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29 May 2018, 9:01 pm by Michael C. Dorf
Last week’s US Supreme Court ruling in Upper Skagit Indian Tribe v. [read post]
5 Jan 2019, 8:29 am by Eric Goldman
” The Court finds these allegations sufficient to plead commercial use. * Coachella Music Festival, LLC v. [read post]
21 Jan 2009, 3:55 am
Whilst the conduct of Mr Charles may have been sufficient to give rise to an estoppel, the problem was that the local authority sought to use the estoppel as a sword and not a shield and, unless the estoppel was a proprietary estoppel, that was impermissible. [read post]
21 Jan 2009, 3:55 am
Whilst the conduct of Mr Charles may have been sufficient to give rise to an estoppel, the problem was that the local authority sought to use the estoppel as a sword and not a shield and, unless the estoppel was a proprietary estoppel, that was impermissible. [read post]
21 Mar 2017, 9:45 pm by Heather Douglas
McCall, 2006 CanLII 1748 at para. 33, there is a concern that information and belief evidence will be used to shield persons from cross-examination.[2] [18] Lawyer’s affidavits that recite background gleaned from “the file” are especially problematic. [read post]
For example, in 2016, the federal Defend Trade Secrets Act was enacted to provide both a federal cause of action as well as enhanced remedies.iii On the other hand, state laws, including those in Massachusetts, Illinois, Maine, Maryland, New Hampshire, Washington and Rhode Island, have limited the other method used by employers---noncompete agreements---to protect their competitive advantage, and the Biden administration has promised to ban or limit them.iv While trade secret law… [read post]
4 Jun 2015, 12:41 am by INFORRM
Instead, its entire case in the context of the strike out was mounted on the basis that it was shielded from all liability under the DPA by virtue of the protections afforded to intermediary ‘internet society services’ (ISSs) under Part IV of theE-Commerce Directive (Directive 2000/31/EC). [read post]
28 Jan 2014, 3:36 pm by Marty Lederman
”  As I explained in an earlier post, Congress intended RFRA to incorporate by reference the Supreme Court’s Free Exercise Clause jurisprudence from the era preceding Employment Division v. [read post]
5 Mar 2012, 6:55 am by Marissa Miller
Royal Dutch Petroleum Co., the decision in Kurns v. [read post]