Tag Archives: Asserting

Affirmative defense asserting that Copyright Act is unconstituational survives motion to strike

Plaintiff sued defendant search engine for copyright infringement alleging that defendant wrongfully reposted a picture plaintiff had taken. Defendant’s answer included a number of affirmative defenses. Plaintiff moved to strike the affirmative defenses. The court struck some of them but … Continue reading

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FLORIDA BUSINESS LITIGATION: CLAIMS FOR PUNITIVE DAMAGES DO NOT IMPOSE ADDITIONAL BURDENS ON PLAINTIFFS ASSERTING FRAUD CLAIMS

Punitive damages punish and dissuade wrong-doers from committing egregious acts by increasing the damages award to exceed compensable injuries. Cooper Indus., Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424, 432 (2001) (the purpose of punitive damages is to punish … Continue reading

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NCOIL to Consider Resolution Asserting McCarran-Ferguson Reverse Preemption over the Supervision of Insurance

When the National Council of Insurance Legislators (“NCOIL”) holds its Annual Meeting in Oklahoma City later this week, it will consider a proposed resolution entitled the “Resolution Asserting McCarran-Ferguson Reverse Preemption over the Supervision of Insurance Companies by the Federal … Continue reading

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Disparate Impact FHA Case Filed Asserting Discrimination in Minority Communities

Earlier this week a number of fair housing advocacy groups filed a lawsuit in U.S. District Court in Maryland asserting that a major financial institution and a property management company are violating the Fair Housing Act (FHA) by exposing predominately … Continue reading

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SAM releases report asserting Connecticut would face cost from marijuana legalization double projected tax revenues

The leading national group opposed to modern marijuana reform, Smart Approaches to Marijuana (SAM), today released this big new report titled "The Projected Costs of Marijuana Legalization in Connecticut." Here is how its "Introduction/Summary" gets started: Much has been said … Continue reading

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