Tag Archives: Survives

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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Medical Aid in Dying Survives in Montana

The full Montana Senate today voted today to reject a House-approved bill that would have allowed the state to imprison, and potentially sentence doctors to the death penalty, for writing a prescription for aid-in-dying medication for a terminally ill adult … Continue reading

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Texas Advance Directives Act Survives Court Challenge – Kelly v Methodist Hospital

The Texas Court of Appeals has affirmed the dismissal of Evelyn Kelly's claims against Houston Methodist Hospital. Kelly challenged the constitutionality of the dispute resolution provisions in the Texas Advance Directives Act that were almost used against her son Chris … Continue reading

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Sandy Hook Plaintiffs' Case Survives On Single Claim

The Connecticut Supreme Court has ruled in the high-profile litigation arising out of the Sandy Hook that defendants may be liable on a theory of knowingly marketing the weapon for offensive operations From the majority opinion On December 14, 2012,… … Continue reading

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Influencer Survives PopSugar’s Motion to Dismiss in IP Lawsuit

The repurposing of social media images has its risks and should only be undertaken in accordance with the platform’s terms of use and applicable law. PopSugar has been unable to shake a copyright infringement class action brought by social media … Continue reading

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