Tag Archives: Argument

Court of Appeals Hears Argument On "Serious Injury" in NY Auto Cases (What Should They Do?)

The tangle of New York's "serious injury" threshold in auto cases came before the state's highest court yesterday, and the pending decision could hopefully abate the flood of summary judgment motion practice that is has inspired. Three cases were on … Continue reading

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Argument preview: Standing to challenge sex offender rule

The federal Sex Offender Registration and Notification Act, or SORNA, has been percolating in the lower courts since its enactment in 2006. Convicted sex offenders seem to have attacked its registration requirements every which way, leaving a trail of lower … Continue reading

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Eavesdrop on a Lanham Act Oral Argument

PDF of the invitation here. At this teleseminar, October 11, 2011, 12:30-2:00 pm eastern, sponsored by the Private Advertising Litigation subcommittee of the ABA's Antitrust Section, three experienced Lanham Act litigators will present a mock argument. As part of the … Continue reading

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Rereading the oral argument in Wal-Mart

As you do, and I had to quote my favorite wacky Justice Breyer question ever (and there are a lot of choices out there): QUESTION: Well, why should [trade dress protection] always [require secondary meaning]? I mean, you could have … Continue reading

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Offshore Wind: An Argument for Aesthetics

Many of those opposed to offshore wind power have argued that offshore wind turbines are an aesthetic blight. Typically, my response to that position has been, "Ok, but have you ever seen a coal fired power plant?" With the understanding … Continue reading

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