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13 Nov 2023, 4:07 am
(More recent authority echoing Widewaters includes Doyle v ICON, LLC, 103 A.D.3d 440, 959 N.Y.S.2d 200(1st Dept. 2013), where the First Department wrote, “Plaintiff’s allegations that he has been systematically excluded from the operation and affairs of the company by defendants are insufficient to establish that it is no longer ‘reasonably practicable’ for the company to carry on its business, as required for judicial dissolution under [LLCL] § 702. [read post]
10 Nov 2023, 1:03 pm
Dissent: Interesting conclusion, but the plaintiffs don't have standing. [read post]
8 Nov 2023, 1:26 pm
And what current courts call “likely confusion” would be unrecognizable to Founding-era courts—or post-Reconstruction courts—both of which protected trademark owners in far more limited circumstances: only in cases of “passing off,” where the defendant’s goods would substitute for purchases of the plaintiff’s goods. [read post]
5 Nov 2023, 10:11 am
The complaint seeks to recover damages on behalf of the plaintiff class. [read post]
3 Nov 2023, 1:00 pm
The city's decisions about what art to purchase and display are gov't speech, so the First Amendment doesn't apply. [read post]
31 Oct 2023, 4:57 pm
Builders’ Liens The plaintiffs were no more successful in their claim of valid and subsisting builders’ liens. [read post]
30 Oct 2023, 8:51 am
That still does not negate the negligence — both direct and vicarious liability. [read post]
29 Oct 2023, 11:26 am
”…Most individuals who use email are likely familiar with having engaged with an entity one time (such as by purchasing a particular product) only to have that entity send numerous other emails, many or all of which are no longer relevant or wanted. [read post]
26 Oct 2023, 1:06 pm
The report notes that direct action plaintiffs are most often institution investor opt-outs. [read post]
24 Oct 2023, 5:58 am
Aug. 31, 2023), plaintiff purchased a home at auction and later brought this claim against defendant, who marketed and facilitated the auction. [read post]
16 Oct 2023, 5:01 am
In another incident, an NAACP member took a bottle of whiskey from a black man who had purchased it in a white-owned store. [read post]
10 Oct 2023, 1:10 pm
Pirani to narrow the traceability requirement imposed on plaintiffs in Section 11 cases.The rulemaking petition asks the Commission to amend Rule 144 to limit sales of unregistered securities after the effectiveness of a registration statement. [read post]
9 Oct 2023, 9:03 pm
Pirani, the Working Group on Investor Protection in Public Offerings, which includes academics, former SEC officials, and legal scholars, submitted a rulemaking petition urging the SEC to amend Rule 144 given the difficulties plaintiffs face in trying to trace their purchases to a registration statement. [read post]
9 Oct 2023, 8:15 pm
To help patients afford the copays and deductibles for specific medications, some drug manufacturers offer direct financial assistance, often as coupons, to subsidize the patient’s purchase of the drug at the point of sale. [read post]
9 Oct 2023, 1:52 pm
The $55 million settlement covering 475 distributors is a very high per plaintiff result. [read post]
9 Oct 2023, 10:17 am
According to Liapes, the coding in Facebook’s platform identifies each type of business, including insurance advertisers, that purchases ads. [read post]
9 Oct 2023, 4:22 am
Plaintiff was cautioned about the importance of this issue at trial and was directed to provide authority in her post-trial brief demonstrating that privity is not required to obtain rescissory relief. [read post]
4 Oct 2023, 9:15 am
In this case, the business entity would be the defendant, and the owner would be the plaintiff. [read post]
4 Oct 2023, 4:00 am
When online purchasers such as Ms. [read post]
2 Oct 2023, 3:37 pm
Lockheed Martin, involving whether a foreign government’s purchase of military equipment from a U.S. supplier is “commercial activity” for which they can be sued in U.S. courts Dermody v. [read post]
