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17 Aug 2021, 11:21 am by Rebecca Tushnet
Mansion runs a club where nude or semi-nude women offer entertainment; “[p]romotions containing Plaintiffs’ images were without Plaintiffs’ permission posted to Mansion’s social media pages. [read post]
17 Aug 2021, 9:18 am by Eugene Volokh
In Unelko, the plaintiffs sued Andy Rooney, arguing that his assertion on 60 Minutes that the plaintiffs' product "didn't work" was a defamatory statement of fact. [read post]
16 Aug 2021, 6:30 pm by Guest Blogger
Pfander helpfully divides uncontested proceedings into two camps (e.g., p. 48). [read post]
12 Aug 2021, 10:33 am by Race to the Bottom
However, in a market where approximately ninety percent of S&P 500 companies already report climate risks in the public forum, requiring such disclosures as filings needlessly exposes companies to liability. [read post]
12 Aug 2021, 6:30 am by Guest Blogger
The book then uses this distinction to set a clear way forward: courts should “focus on whether the plaintiff has a litigable interest, rather than an injury in fact” (p. 175). [read post]
11 Aug 2021, 3:21 pm by Rebecca Tushnet
Whether a court engages with copyright limitations in the decision appears to make a big difference about who wins the case. 60% invoke some limitation; P wins 2/3 of the time when court doesn’t mention limitations; D wins 2/3 of the time when court does do so. [read post]
10 Aug 2021, 2:49 pm by admin
Della Pelle & Richard P. [read post]
10 Aug 2021, 8:55 am by Patricia Hughes
Dyment, para. 22) Implicitly, the Ontario Court of Appeal also seems to be ready to accept, where appropriate, the tort of “[p]ublic disclosure of embarrassing private facts about the plaintiff” (Jones v. [read post]
10 Aug 2021, 6:52 am by Allan Blutstein
P. 6(e), Exemption 5 (attorney work-product), and Exemption 7(C), but it did not carry its burden regarding withheld orders reflecting the commencement, termination, and extensions of the grand jury. [read post]
8 Aug 2021, 6:54 am by Richard Hunt
² Although the plaintiff has clearly won this round the case is not over. [read post]
3 Aug 2021, 2:22 pm by Howard Knopf
  “Veni, vidi, vici”: Julius Caesar, 47 BC The more than ten-year-old effort by Access Copyright (“AC”) to impose a “mandatory tariff” through the Copyright Board on Canadian educational institutions is over in a quick, decisive, and devastating unanimous judgment from Justice Rosalie Abellaof the Supreme Court of Canada (“SCC”). 85 years of legislative policy and SCC jurisprudence are re-affirmed, vindicated, and continued. [read post]