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20 May 2014, 11:37 am
 Judge Wallace, by contrast, agrees, but argues that the capable of repetition yet evading review exception applies.Beyond this doctrinal debate, there are two tiny portions of both opinions that bear brief mention. [read post]
24 Jul 2020, 7:18 am by Eric Goldman
Calcagni * Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. [read post]
18 Jun 2018, 5:37 am by Pascale Lorber
Pascale LorberThe United Kingdom Supreme court confirmed on 13 June 2018 in the case of Pimlico v Smith what another three lower courts had already decided in the same case: that attempts by employers to label workers as self-employed under elaborate contractual arrangements can be unravelled by the judiciary to benefit the individuals. [read post]
26 Jul 2019, 11:00 am by Jon Sands
Smith w/Schroeder & Rakoff). [read post]
1 Jan 2014, 4:33 am
 According to the recent Generics v Teva/Yeda decision, the burden of proof should therefore be on the alleged infringer, not the patentee. [read post]
26 Oct 2022, 6:58 am by INFORRM
On the one hand, the argument for the fragility of Sullivan after Bruen is examined in Alexander Hiland & Michael L Smith “Using Bruen to Overturn New York Times v Sullivan” 50 Pepperdine Law Review (forthcoming) (SSRN). [read post]
13 Feb 2010, 1:32 pm by Scott W Lawrence
Smith, 2 Wn.2d 118, 98 P.2d 647 (1939) (individual charged with larceny could not be convicted of embezzlement). [read post]
28 Aug 2014, 4:16 pm by Stephen Bilkis
Indeed, Florida courts, as in Montgomery v State, State v Mason and Smith v State, have held that a nolo contendere plea with adjudication withheld is generally considered a conviction for purposes of determining a defendant's sentence for subsequent convictions. [read post]