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2 Nov 2015, 9:08 pm by Stephen Bilkis
" Significantly, in the nearly two decades this matter has been pending, plaintiffs never moved to amend their complaint (CPLR 3025) to encompass additional acts of alleged negligence subsequent to March 1984, the last incident alleged in the complaint. [read post]
2 Nov 2015, 9:54 am by Alan S. Kaplinsky
  As a matter of basic economics, consumers ultimately pay for the increased litigation costs of litigation. [read post]
28 Oct 2015, 5:05 pm by INFORRM
One Surrey police officer sold reporter Jamie Pyatt three witness statements from a rape inquiry. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
  These reasons include: the claimed matter is functional, meaning it affects the cost or quality of the product or service; the claimed matter is merely descriptive, meaning that consumers don’t understand that it indicates source and instead think that it just describes some characteristic of the product; the claimed matter is deceptively misdescriptive, which is like descriptiveness except not true; the claimed matter is deceptive; the claimed… [read post]
21 Oct 2015, 2:54 pm by Mack Sperling
Last week (well, two weeks ago, I'm kind of behind) seemed like class action week at the Business Court. [read post]
15 Oct 2015, 1:08 pm
Because the opinion is so lengthy, I'm going to discuss and comment on the defamation issues in this post, and save the discussion of the insulting words claim for another day. 1. [read post]
15 Oct 2015, 8:08 am by Lee E. Berlik
Because the opinion is so lengthy, I’m going to discuss and comment on the defamation issues in this post, and save the discussion of the insulting words claim for another day. 1. [read post]
9 Oct 2015, 8:00 am by Legal Beagle
Neither the clients nor properties were named.28 April, 2015 - The issue was raised again and it was noted that the matter of referral to the Crown Office was still under consideration by the Law Society. [read post]
8 Oct 2015, 5:00 am by Doug Cornelius
I’m confused about how the arrangement for legal fees worked. [read post]
7 Oct 2015, 6:06 am by Ronald Mann
… I’m sympathetic to the notion that this is a matter of State contract interpretation, but that is precisely what the FAA was getting after, State judges interpreting contracts under special rules hostile to arbitration. [read post]
4 Oct 2015, 7:29 am by Stephen Griffin
  Frankfurter and others likely didn’t see the matter as one of asking the Court to invent a new reading of the commerce clause, but simply follow existing precedent.That brings me to the third inquiry, the mechanisms of change. [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
  The multifactor confusion test isn’t a trump-based rule, true, but it’s not really a marketplace test either—it’s an “imagine the marketplace” test and the question of whether that’s on balance better than a bunch of categorical rules is even more complex once we consider the costs of foregoing actual marketplace inquiry along with the benefits. [read post]
25 Sep 2015, 9:15 am by Simon Fodden
Either resigning or there’s going to be an inquiry, so he chose the soft landing. [read post]
24 Sep 2015, 11:28 am by Stephen Griffin
  I’m not sure that argument works so I wouldn’t make it today. [read post]