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15 Sep 2023, 6:08 am by Andrew Lavoott Bluestone
”’ MTGLQ Investors, LP v Collado, 183 AD3d 414, 414 (1st Dept. 2020), quoting Landmark Capital Invs., Inc. v Li-Shan Wang, 94 AD3d 418, 419 (1st Dept. 2012). [read post]
13 Sep 2023, 5:25 am by Andrew Lavoott Bluestone
By order, dated May 7, 2020, the court denied the motion, reasoning as follows:“The sole excuse offered by Cleveland in support of the motion is herallegation that her failure to appear was due to incompetence and malpracticeon the part of her attorney. [read post]
28 Aug 2023, 8:16 am by Kristi L. Wolff
Beiersdorf alleged that there was no deception because the claims on both packages are factually true and that Akes’s lawsuit is essentially an attempt to control product pricing disguised as a false advertising theory. [read post]
27 Aug 2023, 3:56 pm by Andrew Warren
”[10] The precise threshold for “excluding the possibility” is unclear, but some courts have said it does not require “definitive” exclusion, and that the defendant’s theory of the case should be credited,[11] though not accepted as truth when factual discrepancies are clear. [read post]
20 Aug 2023, 9:01 pm by renholding
”[17] IMPLICATIONS For securities class actions that survive a motion to dismiss, the class certification motion is typically the next opportunity for defendants to defeat the class claims. [read post]
10 Aug 2023, 1:36 pm by Zachary Alper
§ 285: No – declining to end a case on summary judgment effectively confirms that the infringement theories advanced by the patentee (at least those at issue in the summary judgment motion) are not “objectively baseless. [read post]
25 Jul 2023, 10:01 am by Jay R. McDaniel, Esq.
Inevitable Disclosure Not a Viable Theory Under the DTSA or UTSA Paro also sued under both the federal Defend Trade Secrets Act and the Illinois Trade Secrets Act (taken from the Uniform Trade Secrets Act), analyzing the likelihood of success of the federal and state claims together, as both statutes are substantially identical. [read post]
23 Jul 2023, 10:32 am by Eric Goldman
Reddit, Inc., 51 F.4th 1137, 1141, 1145 (9th Cir. 2022), and so all courts to have decided the issue thus far are now in alignment. [read post]