Tag Archives: fails

Bicycle Accident Occurs When Bus Fails to Yield Right of Way

San Jose encourages bicycles as a cost-effective, environmentally friendly form of transportation, which can help keep traffic congestion under control. While the city is showing its support by budgeting funds for on and off-street bike networks and pathways, there is … Continue reading

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Cyber breach claim fails under GLP because information not ‘published’ (US)

A Florida court held that the insurer had no duty to defend a hotel operator’s information technology subsidiary against allegations that it was responsible for a hacking incident that exposed hotel customers’ credit card data because, under the general liability … Continue reading

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False patent marking claim fails in cannabis case despite clear falsity/motive to crush competition: mostly it didn't work

Kremerman v. Open Source Steel, LLC, 2018 WL 5785441, No. C17-953-BAT (W.D. Wash. Nov. 5, 2018)This case involved cannabis distillation equipment. Kremerman sued OSS for design patent and trade dress infringement and related claims. OSS counterclaimed for false patent marking, … Continue reading

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Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge

I’ve blogged about the Big Fish gambling case before Judge Leighton. He declined to order arbitration in that case, finding that Big Fish waived its right to arbitrate by extensively litigating the case. Judge Leighton is hearing some other similar … Continue reading

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Another malware misattribution claim fails

PC Drivers Headquarters, LP v. Malwarebytes, Inc., 2018 WL 2996897, No. 18-CV-234-RP (W.D. Tex. Apr. 23, 2018)PC Drivers “offers software designed to help customers optimize the processing speed of their computers and identify software drivers ready to be updated.” Malwarebytes … Continue reading

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