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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 courtHalting 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:Cruz, respondent v. McAneney, appellant
Legislature Intended That Same-Sex Partners Share In Awards by Federal 9/11 Victim Compensation FundAfter initially seeking $138 million from all defendants, shareholders settle for $8.5 million from Deloitte defendants and $6.5 million from Grant Thornton International.
Cite as: Liberty Ins. Underwriters v. Perkins Eastman Architects, 113946/06, NYLJ 1202493376605, at *1 (Sup. NY, Decided May 3, 2011)Before: Justice Bernard Fri
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