Tag Archives: Presumption

Does Presumption of Patent Validity Extend to Eligibility?

A plaintiff seeking to enforce patents claiming automated methods for uploading multimedia content was ordered to pay defendants’ attorney fees based on a finding of an “exceptional case” under U.S.C. § 285.  Cellspin Soft, Inc. v. Fitbit, Inc., No. 4:17-CV-5928-YGR … Continue reading

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‘Presumption of Legitimacy’ of a Child – Same-Sex Marriages

Gay Male Couple Pushing Children In Buggy Through WoodsIn 2017,  the Appellate Division, First Department, in New York became the first state appeals court to recognize that there is a “presumption of legitimacy” to a child born to a married same-sex … Continue reading

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Equal Parenting Presumption Under Proposed Kansas Bill

From The Lawrence Journal World: TOPEKA — A Kansas legislative committee heard passionate testimony Tuesday from people both for and against a bill that would require courts to order shared custody and parenting of children in most divorce cases. Senate… … Continue reading

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Second Circuit Reiterates: Defendants Must Satisfy Burden of Persuasion Through a Preponderance of the Evidence to Rebut Basic Presumption in Securities Fraud Class Actions

The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the Supreme Court in Basic, Inc. … Continue reading

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Hawaii to decide first of its kind LGBTQ presumption of parentage case

The Hawaii Supreme Court is listening to arguments in a significant LGBTQ case, involving legal parenthood. The case involves a lesbian couple, where one of the women sought out a sperm donor and became pregnant while the other woman was … Continue reading

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