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11 Oct 2021, 1:13 pm
"[3] "[M]aterial omission of facts that would render the challenged statement(s) non-defamatory" can yield "implied defamation"—"a defendant does not avoid liability by simply establishing the truth of the individual statement(s); rather, the defendant must also defend … the omission of certain facts. [read post]
11 Oct 2021, 8:16 am
The rule will especially benefit small businesses that rely on the Made in USA label, but lack the resources to defend themselves from imitators. [read post]
11 Oct 2021, 4:54 am
’ Under that doctrine, defendants’ acts in filing corporate tax returns for the years 2010 through 2014, signed by defendant Elayan, which contained factual statements that plaintiff Jaber had a 75% ownership interest in Edgewater during that time period, and precludes defendants from taking a position contrary to that in this litigation”]. [read post]
10 Oct 2021, 8:42 pm
What he does not remember covers a broad array of important events and documents. [read post]
10 Oct 2021, 1:21 pm
Shortly after the start of the tenancy, a male neighbour entered her flat through the bedroom window and entered the bathroom where Ms I was naked. [read post]
9 Oct 2021, 12:43 pm
Rose v. [read post]
9 Oct 2021, 9:13 am
" Lowery v. [read post]
7 Oct 2021, 2:43 pm
Fulton v. [read post]
7 Oct 2021, 11:30 am
From U.S. v. [read post]
7 Oct 2021, 6:34 am
I did not think I would see another First Amendment case involving a governmental employee's refusal to falsify a report, which meant the complex holding in Jackler was unique on its facts, maybe the reason the Supreme Court did not grant the certiorari petition filed by the defendants in Jackler. [read post]
7 Oct 2021, 4:20 am
What does FRAND even mean? [read post]
6 Oct 2021, 1:04 pm
Then through discovery, I’ll find out everyone else who has ever failed the NHIE, and file a class action suit against the EBPHI....It’s not even a psychometrically valid exam and I can prove it in court. [read post]
5 Oct 2021, 12:33 pm
United States, 19-7862Issues: (1) Whether, because the age at which a capital defendant became intellectually disabled does not bear on his moral culpability, the U.S. [read post]
5 Oct 2021, 5:01 am
See Doe v. [read post]
4 Oct 2021, 12:32 pm
Restellini v. [read post]
4 Oct 2021, 10:58 am
Second big theme is harm and its relationship to the scope of TM rights: Likely success on the merits, or success on the merits, now justifies a presumption of irreparable harm for preliminary or permanent injunctive relief, restoring the rule that many circuits used before eBay v Mercexchange, though the knowledge of this change is percolating through the lower courts. [read post]
4 Oct 2021, 9:37 am
Argument [I.] [read post]
3 Oct 2021, 1:33 pm
No recovery of fees: SB8 does not allow the defendant to recover attorneys’ fees or costs if the lawsuit is frivolous or abusive. [read post]
3 Oct 2021, 1:33 pm
No recovery of fees: SB8 does not allow the defendant to recover attorneys’ fees or costs if the lawsuit is frivolous or abusive. [read post]
2 Oct 2021, 5:19 pm
Touchstone Wireless Repair & Logistics, LP (2016) 5 Cal.App.5th 215, 222; BBA Aviation, at p. 428; In re Automobile Antitrust Cases I & II (2005) 135 Cal.App.4th 100, 110.) [read post]
