Tag Archives: Evidence

literal falsity still needs to be material, and court wants a survey or other direct evidence thereof

LivePerson, Inc. v. [24]7.AI, Inc., 2018 WL 5849025, No. 17-cv-01268-JST (N.D. Cal. Oct. 26, 2018)LivePerson “provides online chat engagement services through a digital platform that it sells to website operators.” That is, it helps websites provide real-time text-based communications with … Continue reading

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Using copyright-protected material as evidence in a court proceeding.

The Swedish Patent and Market Court of Appeal has provided for an interesting ruling (PMFT 2585-17, 2018-01-24) concerning the protection of copyright-protected works when these are used as evidence as a court proceeding.The  case at hand concerned a text written … Continue reading

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Arguing Impacts By Proxy: Fourth District Holds CEQA Does Not Require EIR Absent Evidence That Subdivision Approval Actually Violated Applicable Land Use Regulations Adopted to Mitigate Environmental Impacts

In an opinion filed August 10, and later ordered published on September 7, 2018, the Fourth District Court of Appeal (Div. 2) affirmed a judgment denying Friends of Riverside’s Hills’ (FRH) writ petition challenging a residential development permit and related … Continue reading

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ALJ Doesn’t Properly Weigh Medical Evidence for Claimant with Bipolar Disorder

In a recent district court decision, a 51-year-old plaintiff asked for summary judgment to reverse the SSA’s finding that he wasn’t disabled. If you are trying to obtain Social Security Disability benefits in California, it is crucial to have a … Continue reading

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court requires survey evidence in consumer protection case, importing Lanham Act doctrine

Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018)Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the supplements … Continue reading

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