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15 Apr 2019, 6:22 am by Rebecca Tushnet
  That is, why couldn’t a plaintiff own a trademark right in a concept, if in fact every implementation of that concept made people think that the implementation came from the trademark owner? [read post]
18 Mar 2019, 5:00 am by Daniel E. Cummins
Feb. 28, 2019 Gibson, J.), the court denied a Plaintiff’s Motion to Compel a Defendant carrier in a bad faith claim to identify all bad faith suits in which it was involved over the preceding ten (10) years. [read post]
7 Mar 2019, 9:01 pm by Vikram David Amar
All of this brings us to the question: What are the options a conservative Supreme Court majority might pursue if it were to take up the HLR case? [read post]
6 Mar 2019, 4:31 pm by INFORRM
• Juries and the Federal Court (Questions 7 and 8): One issue upon which the 2011 submissions are still current is that plaintiffs seek non-jury venues, whether in the ACT, the Federal Court and/or certain magistrates courts and the ACAT and VCAT, all of which are hearing an increasing number of defamation claims. [read post]
21 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
For purposes of our discussion today, we assume that the plaintiff enjoys standing and a private right of action to assert claims under Title VI and Title IX, and that HLR is covered by these statutes (because of the funding Harvard University receives from the federal government and because of the connections between Harvard University and HLR), even though these are all contested questions. [read post]
7 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
Grutter, after all, involved a lawsuit by Barbara Grutter, a white Michigan resident who applied to the University of Michigan Law School and was denied admission. [read post]
17 Jan 2019, 7:10 am by John Jascob
In FY 2018, the SEC’s Office of the Whistleblower (OWB) received 5,282 whistleblower tips from all 50 states, the District of Columbia, and 72 foreign nations. [read post]
10 Jan 2019, 9:01 pm by Vikram David Amar
In particular, the plaintiffs in a pending federal district court case allege (with great force) that Arizona’s governor has to date failed to live up to his obligations under the Seventeenth Amendment to the US Constitution to issue “writs of election” to schedule a replacement contest and initiate the state election law machinery. [read post]
5 Jan 2019, 8:29 am by Eric Goldman
Nov. 5, 2018): “Evoqua contends that the orders for all six DryMate dryers are sufficient to demonstrate infringement under a theory of “initial-interest confusion,” citing Gibson Guitar Corp. v. [read post]
4 Jan 2019, 4:34 pm by INFORRM
Judge Judith Gibson, from the New South Wales district court, says abuse of process needs “urgent consideration”. [read post]
1 Jan 2019, 4:08 pm by INFORRM
Judge Judith Gibson, who manages the busy defamation list in the NSW district court, has done work that shows the overall shape of the defamation scene Australia-wide. [read post]
27 Dec 2018, 9:01 pm by Vikram David Amar
Rockefeller, where in 1969 plaintiffs argued—similarly to the plaintiffs in Arizona—that a 29-month delay in a Senate vacancy-filling election was impermissibly long. [read post]
29 Nov 2018, 9:00 pm by Vikram David Amar
But suppose voters were allowed to list their second choices, and all 7 who voted for D ranked C as their second choice. [read post]
13 Sep 2018, 6:50 pm by Bona Law PC
While I was with Gibson Dunn and DLA Piper, I spent substantial time representing defendants in class action cases, mostly of the antitrust variety. [read post]