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1 May 2017, 8:10 am by Rebecca Tushnet
Also, “[t]he conduct about which Shark complains in its affirmative defense is conduct the parties are already fighting about in another lawsuit. [read post]
25 May 2022, 2:54 am
Any heightened standard would be inconsistent with both (1) the standard for third parties to challenge the registration of marks as generic and (2) the “reasonable predicate” meaning of “prima facie case” in the context of other refusals in examination. [read post]
31 Jan 2013, 2:50 pm
See 35 U.S.C. 315(e)(1), as amended, and 35 U.S.C. 325(e)(1). [read post]
12 Dec 2023, 3:05 am by Tricia O'Connor, Hound Labs
Here are five ways a cannabis breath test can help reduce turnover and aid in employee recruitment, acquisition, and retention. 1. [read post]
6 Oct 2015, 8:00 am by The Public Employment Law Press
If it passes this test, the court must then determine whether the parties agreed to arbitrate the particular dispute by examining their collective bargaining agreement.The Village did not claim that arbitration of this grievance was prohibited by statute or public policy, nor did the Appellate Division find that such a prohibition, in fact, existed.As to the second test, did the parties agreement to submit the focus of the grievance to arbitration, the court said… [read post]
22 Jun 2015, 8:49 am by John Jascob
The circuit court erred, therefore, because it failed to consider all the factors surrounding the transaction, including the sophistication of the parties, a factor that has been prominent in the court’s prior cases. [read post]
8 Jul 2022, 12:38 pm by Lynn L. Bergeson and Carla N. Hutton
The OECD Working Party on Manufactured Nanomaterials (WPMN) prioritized updating TG 110 to be applicable also to particles at the nanoscale or drafting a new nanomaterial-specific TG. [read post]
20 Aug 2010, 9:01 pm
Lexis overview: [A] minor child could provide valid third-party consent to a police request to search the house of the minor child's parents when no parent was present when the Atkins test was met. [read post]
30 May 2007, 5:15 am
Yesterday, we discussed the related party disclosure requirements imposed by the SEC. [read post]
6 Mar 2015, 5:30 am by The Public Employment Law Press
The Association appealed and the Appellate Division ruled that Supreme Court properly granted the County’s petition to permanently stay arbitration and denied the Association’s cross petition to compel arbitration.The Appellate Division explained that the determination of whether a dispute between a public sector employer and a public employee organization is arbitrable is subject to a two-prong test, citing Deer Park UFSD v Deer Park Teachers’ Association, 77 AD3d 747… [read post]
6 May 2022, 3:26 am
The test for deceptive misdescriptiveness under Section 2(e)(1) has two parts: (1) the matter sought to be registered must misdescribe the goods or services; and (2) consumers must be likely to believe the misrepresentation. [read post]
29 Jul 2011, 12:28 am by 1 Crown Office Row
David Evans of 1 Crown Office Row is acting for the Ministry of Defence in this case. [read post]
1 Nov 2018, 5:08 am by Kevin Whittaker
But in positive news for hiring parties, turning next to Garcia’s non-wage-order claims, the court held the ABC test did not apply, and upheld summary adjudication as to those claims.[1] The court explained that the Supreme Court did not reject the more flexible, multifactor Borello test in all instances, and that Borello applies when a cause of action is predicated solely on the Labor Code, while the ABC test is properly limited to wage-order… [read post]
9 Jun 2015, 4:00 am by Public Employment Law Press
Proceeding with a two-part test, we first ask whether the parties may arbitrate the dispute by inquiring if there is any statutory, constitutional or public policy prohibition against arbitration of the grievance. [read post]
9 Jun 2015, 4:00 am by The Public Employment Law Press
Proceeding with a two-part test, we first ask whether the parties may arbitrate the dispute by inquiring if there is any statutory, constitutional or public policy prohibition against arbitration of the grievance. [read post]