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1 Feb 2019, 4:29 pm by Ernesto Falcon
Given the lack of serious competition in high-speed broadband Internet—and, as a practical matter, the extreme difficulty that users often find in trying to switch services—consumer pressure alone won’t stop ISPs from engaging in unfair practices. [read post]
31 Jan 2019, 6:01 am by Joy Waltemath
” While other circuits had treated these as purely factual matters subject to review for clear error, the Sixth Circuit disagreed with this approach and instead found it appropriate to review the district court’s conclusions de novo, including the weight assigned to of each of the Darden factors. [read post]
29 Jan 2019, 3:12 pm by Kevin LaCroix
The figures for filings against non-U.S. companies are down slightly as a percentage matter from the levels of more recent years; for example, in 2017, the filings against non-U.S. companies represented 25.7% of all securities suit filings during the year. [read post]
27 Jan 2019, 2:30 pm by David Lat
[PrawfsBlawg] * Many lessons can be learned from the Fyre Festival debacle -- and one of the legal ones is that FTC disclosures actually matter. [read post]
24 Jan 2019, 4:34 am by SHG
Why bother to try a case if guilt or innocence no longer matters? [read post]
23 Jan 2019, 6:15 am by Ilene Cooper
 Thomas, 73 AD3d 103 (2d Dept 2010), and more recently, by the opinion rendered by the Surrogate’s Court, King’s County, in Matter of Berk, NYLJ, July 2, 2018, p. 31 (Sur Ct, Kings County), discussed below. [read post]
18 Jan 2019, 3:00 am by John Jenkins
  This excerpt gives you the gist of it: The Commission stays all pending administrative proceedings initiated by an order instituting proceedings that set the matter down for a hearing before either an administrative law judge or the Commission. [read post]
18 Jan 2019, 2:55 am by Kluwer Patent blogger
The main issue is whether a UPC with the UK as a member could still refer matters of Union law to the CJEU? [read post]
17 Jan 2019, 9:01 pm by Jim Sedor
It says Amendment 41 does not apply to “home rule cities or counties that have adopted charters, ordinance or resolutions that address the matters covered” under the amendment. [read post]
15 Jan 2019, 10:53 am
Contents include:ArticlesDaniel Druckman & Lynn Wagner, Justice Matters: Peace Negotiations, Stable Agreements, and Durable Peace Nadiya Kostyuk & Yuri M. [read post]
14 Jan 2019, 3:08 pm by Kevin LaCroix
Disgorgement The definition of loss in most D&O insurance policies excludes amounts that are uninsurable as a matter of law. [read post]
9 Jan 2019, 12:51 pm by rstokes
On this matter Bondi-Stoddard (2007) noted, “It is illogical to deny adequate compensation to a plaintiff on the basis of whether or not the infant survived for a short period of time after birth. [read post]
8 Jan 2019, 12:00 am by proliability13
.), in a matter of first impression, the United States District Court for the Eastern District of Missouri evaluated whether an excess insurer could sue its insured’s attorney for legal malpractice. [read post]
7 Jan 2019, 2:00 am by Jeff Welty
In the Terry stop context, it doesn’t matter whether the suspect is legally entitled to possess the weapon. [read post]
5 Jan 2019, 11:19 am by Gene Takagi
Johnson Amendment The Republican position remains committed to its 2016 party platform favoring a change in the law to allow charitable contributions to fund political candidates. [read post]
4 Jan 2019, 4:15 am
These matters addressing what activities constitute use in commerce under the Trademark Act are best, and traditionally, left to trial.The Board noted that there has been an increase in parties arguing that "every pleading must demonstrate that the party undertook a reasonable inquiry or investigation before filing its pleading. [read post]
3 Jan 2019, 7:50 am by Eric Goldman
What we consider here is that the making of unauthorized reproductions in pursuit of an objective to distribute protected matter in competition with the rights holder. [read post]