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17 Jul 2023, 1:45 pm by Cynthia Marcotte Stamer
Like Mallory, disgruntled current or former employees, plan members, or other opposing parties in disputes may choose to file their lawsuit in the state with the laws, rules, or precedent most favorable to their position even where the dispute does not arise out of events occurring in the chosen state. [read post]
28 Jun 2023, 2:09 pm by INFORRM
The distributor liability model adopted in Europe, and the S.230 conduit model in the USA, were for the protection of users as much, if not more so, than for the benefit of platforms. [read post]
26 Jun 2023, 9:08 am by Sam Eichner and Nalani M. Wilson
On May 5, 2023, the National Advertising Division (NAD) of BBB National Programs handed down its Final Decision in T-Mobile USA, Inc. v. [read post]
24 Jun 2023, 2:55 pm by Larry
Circumvention can also apply where the product did not exist at the time of the order or is a minor variation of the product covered by the scope of the order.Unlike circumvention, EAPA is aimed at merchandise that is (arguably) within the scope of the order but is entered without the deposit of the AD/CV duties.Ikadan Systems USA v. [read post]
20 Jun 2023, 7:09 pm by Jacob Fishman
Part V concludes with a report card on how the regime is doing on its thirtieth anniversary. [read post]
17 Jun 2023, 5:10 am by Cyberleagle
The distributor liability model adopted in Europe, and the S.230 conduit model in the USA, were for the protection of users as much, if not more so, than for the benefit of platforms. [read post]
13 Jun 2023, 12:22 pm by Takuma Nishimura
In the Eleventh Circuit, district courts may consider a document outside the pleading and treat it as part of the pleading for purposes of Rule 12(b)(6) if the document is “(1) central to the plaintiff’s complaint; and (2) undisputed. [read post]