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[iv] If there is no direct evidence of such an agreement, plaintiffs must show there was parallel action—where the defendants all acted in unison and the behavior “would probably not result from chance, coincidence, independent responses to common stimuli, or mere interdependence unaided by an advance understanding among the parties”[v]—and “plus factors” which show collusion. [read post]
1 Dec 2014, 4:27 am by SHG
The Supreme Court will hear oral argument today in Elonis v. [read post]
—PART V— Not all Native Advertising May Be Commercial Speech under the First Amendment If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a fact intensive one that does not clearly lend itself to bright lines, especially when dealing with mixed commercial and noncommercial speech. [read post]
22 Jan 2015, 11:15 am by John Elwood
Now the Court either needs a little bit more time to chew on that recommendation, or perhaps clerks are busily vetting it for a grant. [read post]