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3 Apr 2024, 4:08 pm by admin
When expert witnesses rely upon one or a few studies, which telegraph internal validity, this litigation strategy may provide the strongest evidence against the study’s being reasonably relied upon, or its providing “sufficient facts and data” to support an admissible expert witness opinion. [1] Daubert v. [read post]
29 Mar 2024, 7:28 pm
  And that, in turn, is still, more or less, grounded n the nation of the contractual nature of international law, and the aspirational nature of international norms. [read post]
27 Mar 2024, 4:57 am by Andrew Lavoott Bluestone
To establish causation, a plaintiff must demonstrate that, but for the attorney’snegligence, she would have prevailed in the underlying matter, or would not have sustained any ascertainable damages ( Brooks v Lewin, 21 AD3d 731, 734 [ pt Dept 2005]). [read post]
27 Mar 2024, 1:12 am by Benjamin Fontaine (Plasseraud)
The last episode of this story is the judgment delivered by the General Court on 21 February 2024 in Case T-361/21, Papouis Dairies Ltd (and others) v the European Commission. [read post]
25 Mar 2024, 5:01 am by Eugene Volokh
Instead, the court will tell the jury that Doe's claims succeed as a matter of law and that the jury may not revisit that issue. [read post]
24 Mar 2024, 11:30 pm by Alexandre Lodie
This marks a huge difference vis-à-vis the dictum of the General Court, not only in this case, but also in the SRB v. [read post]
20 Mar 2024, 8:24 pm by Chuck Cosson
  First, for the moment, no copyright claim has persuaded a court that licensing is required to avoid infringing the rights of copyright holders in scanned/scraped works used to train AI models.[3]  And no US court has yet ruled against the argument that such use of content to train AI models is protected by fair use principles, which permit use of a protected work to create transformative new works.[4]  Second, as a practical matter, the economic forces propelling the growth… [read post]
20 Mar 2024, 4:44 am by Andrew Lavoott Bluestone
We thus turn to the “plain language of the statute” as “the clearest indicator of legislative intent” (Matter of T-Mobile Northeast, LLC v DeBellis, 32 NY3d 594, 607 [2018]). [read post]