Tag Archives: Harm

It’s When the Alleged Harm, Not the Alleged Negligence, Occurs that Triggers Coverage Under an Occurrence-Based Business Liability Policy

CGL – TRIGGER OF COVERAGE – OCCURRENCE – EMOTIONAL DISTRESS CLAIMS Empire State Shipping Serv., Ltd. v Hanover Ins. Co. (1st Dept., decided 11/1/2011) Interesting trigger of coverage case. The insured plaintiff allegedly mishandled a corpse, but the deceased’s mother … Continue reading

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The Ninth Circuit Speaks and Rejects the Presumption of Irreparable Harm

Earlier this month, in two separate decisions, the Ninth Circuit joined the growing number of appellate courts in rejecting the long-standing presumption of irreparable harm in determining whether a preliminary injunction should issue in intellectual property cases. First, on August … Continue reading

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9th Cir. overturns another copyright injunction because eBay nixes presumption of irreparable harm

Putting an exclamation point on a recent panel ruling that eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) overrules prior 9th Circuit precedents that a showing of likely success on the merits of a copyright infringement claim gave rise … Continue reading

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FTC Proposal for Regulating IP Will Harm Consumers

Posted by D. Daniel Sokol Richard A. Epstein (Chicago and NYU), F. Scott Kieff (GW) & Daniel Spulber (Northwestern) argue that the FTC Proposal for Regulating IP Will Harm Consumers. Read more detail on Recent Antitrust Posts –

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9th Cir.: After eBay v. MercExchange, Perfect 10 not entitled to presumption of irreparable harm for Google copyright infringement

In the latest installment of the long-running litigation between Perfect 10 and Google over Perfect 10's copyrighted model images, the 9th Circuit affirmed the denial of a preliminary injunction against Google because Perfect 10 failed to demonstrate irreparable harm. The … Continue reading

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