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Testing Key in False Advertising Cases
S PRODUCT X more effective than Product Y, as ABC Company claims? That is typically the key issue in Lanham Act false advertising litigation whether the advertiser`s performance claim for its product is true or false. Not surprisingly, therefore, these cases are frequently won or lost on account of the quality of the parties` product testing and the ability of either party to persuade the court that its testing is credible and its opponent`s is not. There are several factors that bear on the weight a courtAndrias, J.P., Buckley, Catterson, Malone, Kavanagh, JJ. 1484 Index 603680/06 Advanced Global Technology, LLC, Plaintiff-Appellant, v Sirius Satellite Radio,
Halting Discovery in Securities Cases
HE MANDATORY stay of discovery during the pendency of a motion to dismiss is a key feature of the Private Securities Litigation Reform Act of 1995 (PSLRA). 1 Enacted in identical form in both the Securities Act of 1933 and the Securities Exchange Act of 1934, the stay provision states:Supreme Court of the State of New York Appellate Division: Second Judicial Department MARK C. DILLON, J.P. ANITA R. FLORIO HOWARD MILLER LEONARD B. AUSTI
Cruz, respondent v. McAneney, appellant
Legislature Intended That Same-Sex Partners Share In Awards by Federal 9/11 Victim Compensation FundBy Mazzarelli, J.P., Andrias, Nardelli, Gonzalez, Malone, JJ. 8775-8776-8776A. Reed Elsevier Inc., plf-ap, v. Watch Holdings, LLC, def-res __________________
By Tom, J.P., Mazzarelli, Marlow, Nardelli, Catterson, JJ. 5366. Sylvia Mendel Plaintiffs-Appellants-res, v. Henry Phipps Plaza West, Inc. Defendants-res-ap, p
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT 8789B U/jv AD2d Argued - January 15, 2002 FRED T. SANTUCCI, J.P.
Andrias, J.P., Friedman, Acosta, DeGrasse, Rom�n, JJ. 1911 Index 2095/06 In re Jerome M. Weinraub, etc., S. Sidney Mandel, Appellant, Jerome M. Weinraub, Respondent.
August 27, 2001 MATTER OF GREENE, DARRYL SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT 6715B C/jv AD2d LAWRE
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