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20 Apr 2016, 7:53 pm by Ron Coleman
On Jan. 12, Western District Judge Ricardo Martinez refused to dismiss such claims plaintiff brought in Microsoft Corp. v. [read post]
 To determine strength, courts place the mark on the spectrum of trademark distinctiveness most prominently discussed in Abercrombie & Fitch Co. v. [read post]
In the Ninth Circuit, it is known as the “Sleekcraft” factors, after the influential trademark infringement case of AMF Inc. v. [read post]
29 Feb 2016, 3:19 am by Peter Mahler
Although we do not quarrel with that proposition, we believe that judicially dissolving a foreign business entity is entirely distinct from resolving a dispute over its internal affairs (see Rimawi v Atkins, 42 AD3d at 801 [distinguishing between derivative claims involving internal affairs of a foreign corporation, for which there is subject matter jurisdiction, and a dissolution claim, for which there is not]). [read post]
29 Feb 2016, 3:19 am by Peter Mahler
Although we do not quarrel with that proposition, we believe that judicially dissolving a foreign business entity is entirely distinct from resolving a dispute over its internal affairs (see Rimawi v Atkins, 42 AD3d at 801 [distinguishing between derivative claims involving internal affairs of a foreign corporation, for which there is subject matter jurisdiction, and a dissolution claim, for which there is not]). [read post]
29 Feb 2016, 3:19 am by Peter Mahler
Although we do not quarrel with that proposition, we believe that judicially dissolving a foreign business entity is entirely distinct from resolving a dispute over its internal affairs (see Rimawi v Atkins, 42 AD3d at 801 [distinguishing between derivative claims involving internal affairs of a foreign corporation, for which there is subject matter jurisdiction, and a dissolution claim, for which there is not]). [read post]
9 Feb 2016, 9:49 am by Jon Sands
[Ed. note: The Arizona FPD represented the codefendant in this case.]Smith v. [read post]
26 Jan 2016, 3:08 pm by Jamie Markham
In that sense, the rule from Miller was different from other categorical (and thus substantive) punishment bans, like capital punishment for intellectually disabled defendants, Atkins v. [read post]
26 Jan 2016, 3:08 pm by Jamie Markham
In that sense, the rule from Miller was different from other categorical (and thus substantive) punishment bans, like capital punishment for intellectually disabled defendants, Atkins v. [read post]
17 Dec 2015, 3:46 am by INFORRM
The respondents pointed out that in AAA v Associated Newspapers  and Weller v Associated Newspapers; children have been awarded damages despite being oblivious to their privacy rights being violated. [read post]
17 Nov 2015, 8:00 am by Jack Kennedy, Olswang LLP
They were: Rylands v Fletcher (1866) LR 3 HL 330 Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Salomon v A Salomon & Co [1897] AC 22 Donoghue v Stevenson [1932] AC 562 Woolmington v Director of Public Prosecutions [1935] AC 462 Liversidge v Anderson [1942] AC 206 Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Anisminic… [read post]
10 Nov 2015, 8:00 pm by John Ehrett
Texas 15-65Issue: Whether Texas’s standard for determining if a capital defendant meets the second prong of the definition of intellectual disability (“deficits in adaptive functioning”) violates the Eighth Amendment in light of Atkins v. [read post]