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23 Aug 2023, 1:30 am
To really drive the point home, Judge Howell states that "[c]opyright has never stretched so far, however, as to protect works generated by new forms of technology operating absent any guiding human hand, as plaintiff urges here. [read post]
21 Aug 2023, 5:23 am
Plaintiff challenged that denial ….. [read post]
21 Aug 2023, 5:01 am
Usually, though, there's a simple solution: Make the antecedent plural, e.g., Even public-figure libel plaintiffs can prevail if they show a defendant acted with 'actual malice' …. [read post]
11 Aug 2023, 11:32 am
Finally, Lee is different from the instant case in that each time the plaintiff signed in or made a payment, he was given notice about the Terms of Use. [read post]
9 Aug 2023, 6:19 am
Additionally, Defendant attributes the conduct of Plaintiff's counsel to Plaintiff based upon a perceived conspiracy between them. [read post]
3 Aug 2023, 11:04 am
While specific details of the suit remain largely unknown and subject to changes up to the 11th hour, according to Politico, the FTC’s multi-pronged case is likely to focus on three aspects: Amazon’s price-parity clauses (“PPCs”); the steering of sellers to Amazon’s own downstream logistics service, Fulfilled by Amazon (“FBA”); and the granting of a better placement in customer search results to sellers who buy ads. [read post]
25 Jul 2023, 7:39 am
Pseudonymity for plaintiffs is sometimes defended as diminishing this risk. [read post]
19 Jul 2023, 6:30 am
” The court noted that the quoted phrase does not reference monetary sureties, and it concluded that in 1818, when the phrase originated, monetary bail was “all but unknown. [read post]
18 Jul 2023, 7:37 am
Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). [read post]
17 Jul 2023, 11:13 am
In short, the ultimate question of liability and potential settlement exposure is unknown to date. [read post]
17 Jul 2023, 10:19 am
In short, the ultimate question of liability and potential settlement exposure is unknown to date. [read post]
10 Jul 2023, 11:50 am
Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). [read post]
8 Jul 2023, 9:14 am
That many members of the medical community support the plaintiffs is surely relevant. [read post]
It Pays to Over-Think Class Definitions and Release Provisions in Class Action Settlement Agreements
27 Jun 2023, 3:08 pm
” The settlement agreement included a release through which the named plaintiff and all class members released and discharged LGE “from any and all charges, complaints, claims, debts, liabilities, demands, obligations, costs, expenses, actions, and causes of action of every nature, character, and description, whether known or unknown, asserted or unasserted, suspected or unsuspected, fixed or contingent, which Named Plaintiff and Class Members who do not opt… [read post]
25 Jun 2023, 12:06 pm
Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). [read post]
21 Jun 2023, 12:01 pm
For example, in one case, the Supreme Court held that a child support collection company’s “evidence of previous child support collection ventures conducted by [the plaintiff] in other jurisdictions and evidence of such collections by the [government] in Virginia had sufficient specificity to allow ‘a reasonable estimate of [the plaintiff’s] lost profits. [read post]
21 Jun 2023, 9:44 am
For example, in one case, a plaintiff tried to rely on a profit estimate included in a bid. [read post]
20 Jun 2023, 10:49 am
Scott Lassiter, now an assistant principal in Wake County, alleges that Moore engaged in a years-long extramarital affair with the plaintiff's wife, Jamie Liles Lassiter, from whom he is now separated. [read post]
19 Jun 2023, 6:48 am
“Unless and until consumers are misled by Defendants’ conduct, there is no injury to Plaintiff. [read post]
14 Jun 2023, 1:54 pm
Case Background In McCombs, the plaintiff brought a putative class action against her former employer. [read post]