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15 May 2024, 7:41 am
John Wiley & Sons, Inc., 748 F.3d 120, 124 n.3 (2d Cir. 2014) (collecting cases). [read post]
13 May 2024, 12:57 am
Canada On 7 May 2024, the Court of Appeal for British Columbia dismissed the appeal in Simán v Eisenbrandt, 2024 BCCA 176 (CanLII). [read post]
7 May 2024, 7:43 am
The amicus brief focuses on the importance of the case for artists and freedom of expression, framing the February ruling as a threat to the First Amendment.[38] Specifically, the coalition seeks the court’s clarification that an artist’s intent to sell or otherwise commercialize their art does not impact the balancing test between trademark owners’ rights and artists’ rights.[39] In an interesting comparison, the brief notes that Hermès itself took the name… [read post]
6 May 2024, 2:28 pm
John McKinney and Maria Ramirez. [read post]
3 May 2024, 12:30 pm
Fourth Circuit: Guys, you can't tell someone what to do, and then when he does it arrest him for willfully violating the law. [read post]
30 Apr 2024, 10:28 am
Does it matter? [read post]
30 Apr 2024, 5:38 am
" -EV] The second states that "[i]n October 2021, several elected officials and candidates spoke at the Patriot Double Down conference hosted in Las Vegas, Nevada by antisemitic QAnon influencer John Sabal (QAnon John). [read post]
30 Apr 2024, 12:25 am
In my judgment a loose bowl that is kept in storage and brought out occasionally does not properly recognise the importance of baptism as one of the two sacraments specifically instituted [read post]
29 Apr 2024, 9:01 pm
I’m not your [N-word.] [read post]
28 Apr 2024, 3:08 pm
In John Does 1-7 v. [read post]
25 Apr 2024, 11:46 am
We didn’t use the evidence New York did,” Gascón said. [read post]
23 Apr 2024, 7:00 am
However, conclusory testimony does not hold the same weight as factual evidence. [read post]
22 Apr 2024, 3:14 pm
The unanimous opinion, authored by Justice Amy Coney Barrett, found “[n]othing in constitutional text, history or precedent supports exempting legislatures from ordinary takings rules. [read post]
22 Apr 2024, 5:00 am
The Court derived the test’s first prong from “the bedrock requirement that ‘the conduct allegedly causing the deprivation of a federal right be fairly attributable to the State,’” asserting that “[a]n act is not attributable to a State unless it is traceable to the State’s power or authority. [read post]
20 Apr 2024, 9:14 am
Columbia Sportswear N. [read post]
19 Apr 2024, 9:27 am
The Court rejected several of Coinbase’s arguments about the application of Howey, noting that Howey does not recognize a distinction between tokens purchased directly from an issuer and those purchased on the secondary market. [read post]
18 Apr 2024, 9:01 pm
And it is incumbent on each of us to make sure it does not come to pass and that investors are not harmed by noncompliance with the securities laws when it comes to this new technology. [read post]
15 Apr 2024, 6:00 pm
["This isn’t about forum shopping. [read post]
13 Apr 2024, 3:33 pm
Prelude to Litigation Phenylpropanolamine (PPA) was a widely used direct α-adrenergic agonist used as a medication to control cold symptoms and to suppress appetite for weight loss.[1] In 1972, an over-the-counter (OTC) Advisory Review Panel considered the safety and efficacy of PPA-containing nasal decongestant medications, leading, in 1976, to a recommendation that the agency label these medications as “generally recognized as safe and effective. [read post]
11 Apr 2024, 9:01 pm
Right now, Nebraska (along with Maine) does not allocate presidential electors in a winner-take-all fashion. [read post]