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17 May 2021, 2:54 pm by Scott McKeown
In its recent non-precedential opinion in Olaplex, Inc. v. [read post]
XTO Energy, Inc.,[1] provides yet another data point in an otherwise barren area of Louisiana law about the notices required under this statutory scheme in order to properly place operators on notice and to potentially impose the penalty of La. [read post]
XTO Energy, Inc.,[1] provides yet another data point in an otherwise barren area of Louisiana law about the notices required under this statutory scheme in order to properly place operators on notice and to potentially impose the penalty of La. [read post]
XTO Energy, Inc.,[1] provides yet another data point in an otherwise barren area of Louisiana law about the notices required under this statutory scheme in order to properly place operators on notice and to potentially impose the penalty of La. [read post]
25 Apr 2021, 9:07 am by Anastasiia Kyrylenko
Trade marksGuestKat Riana Harvey analysed a recent decision from the England and Wales High Court (EWHC) in Swatch AG v Apple Inc. [read post]
15 Apr 2021, 4:00 am by Administrator
Guthrie’s Guide to Better Legal Writing, 2/e Author: Neil Guthrie ISBN: 9781552215692 Publisher: Irwin Law Inc. [read post]
15 Mar 2021, 6:33 pm by Matt Pulle
., Inc., 409 F.3d 286, 295-296 (6th Cir. 2005) In Calvert, the Sixth Circuit said that, while there is nothing inherently objectionable about a plan administrator using a file review of a claimant’s medical evidence, a plan administrator’s decision to conduct a file review, instead of a physical examination, is a “factor to consider in [the court’s] overall assessment of whether [plan administrator] acted in an arbitrary and capricious fashion. [read post]
15 Mar 2021, 6:33 pm by Matt Pulle
., Inc., 409 F.3d 286, 295-296 (6th Cir. 2005) In Calvert, the Sixth Circuit said that, while there is nothing inherently objectionable about a plan administrator using a file review of a claimant’s medical evidence, a plan administrator’s decision to conduct a file review, instead of a physical examination, is a “factor to consider in [the court’s] overall assessment of whether [plan administrator] acted in an arbitrary and capricious fashion. [read post]
11 Mar 2021, 5:03 am by Eugene Volokh
For this reason, standards fashioned to determine the constitutionality of statutes should not be used to evaluate injunctions. [read post]
11 Mar 2021, 2:29 am by Brian E. Barreira
In drafting irrevocable trusts, much concern has to be given to the attitude of the MassHealth agency against irrevocable trusts, especially where the agency ends up having the weight of the Office of the Attorney General of the Commonwealth of Massachusetts on its side against any trusts that end up in Massachusetts courts. [read post]
10 Mar 2021, 3:45 am by Andrew Lavoott Bluestone
Moreover, the cause of action is only applicable if the conduct alleges took place in a proceeding where the plaintiff was a party (Barouh v. [read post]
8 Mar 2021, 7:05 am by Venkat Balasubramani
Additionally, the agreement in place between the parties says that a breach can result in irreparable harm, which is something courts can consider when determining whether to award injunctions in contract cases. [read post]
2 Mar 2021, 9:40 am by Josh H. Escovedo and Zack Thompson
Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners—Romag Fasteners, Inc. v. [read post]
The ubiquity of these technologies is unavoidable, and employees, sometimes with the encouragement of businesses, use them increasingly often as they choose to operate in a more causal and oftentimes remote fashion. [read post]