Tag Archives: Acts

Acts of Negligence and Duty of Care

According to personal injury attorney Andrew Alitowski, to make a successful case of negligence against the defendant, the victim must prove that the defendant owed a duty to exercise a reasonable level of care, such a duty was violated by … Continue reading

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The application of the doctrine of governmental immunity in the context of acts of terrorism

The application of the doctrine of governmental immunity in the context of acts of terrorism Matter of World Trade Ctr. Bombing Litigation, 2011 NY Slip Op 06501, Court of Appeals In this appeal addressing litigation arising from the 1993 terrorist … Continue reading

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Employees of a state as an employer may not sue their employer for alleged violation of the ADEA or similar acts of Congress

Employees of a state as an employer may not sue their employer for alleged violation of the ADEA or similar acts of Congress Kimel v Board of Regents, 528 U.S. 62 Section 58 of the Civil Service Law sets out … Continue reading

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Prior Bad Acts Are Admissible in Lanham Act False Advertising "Wars"

A recent Fourth Circuit decision establishes that when competitors have locked horns in prior false advertising cases, the substance of the old battle can come spilling into evidence in the new case. False Brain and Eye Development Claim On April … Continue reading

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Skin job: unauthorized reseller's bad acts doom it

Bad facts, bad law: an undisputed wrongdoer's wrongful conduct is used to interpret Lanham Act (and potentially Copyright Act, given unclear facts) liability in ways with bad implications for legitimate businesses, sort of like what happened in INS v. AP … Continue reading

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