Discoverability a Rule of Construction for Limitations

Limitations in personal injury litigation can be contentious, especially since the nature of the damages suffered by a plaintiff may not necessarily be known at the initial time of loss. This is especially true in claims that include chronic pain, as these types of medical conditions are not diagnosed until several weeks after an injury. In these contexts, a plaintiff may rely on discoverability to exceed the two year presumptive limitation found in s. 4 of the Limitations Act. Courts have exten...
Tags: Law, Court, Canada, Court of appeal, Ontario, Murphy, Hart, Ryan, Pereira, Allen, Liu, Hughes, Supreme Court of Canada, Cote, Ontario Court of Appeal, Ontario Superior Court of Justice

Does a plaintiff claiming unlawful removal of copyright management information have to own a registered copyright?

Plaintiff sued defendants for violation of the provisions of the Digital Millennium Copyright Act (“DMCA”) that prohibit one from intentionally removing or altering any copyright management information (“CMI”) with the knowledge, or having reasonable grounds to know, that it will induce, enable, facilitate, or conceal a copyright infringement (17 U.S.C. § 1202(b)). Defendants moved to dismiss, asserting that the court should reject plaintiff’s DMCA cause of action for failure to state ...
Tags: Supreme Court, Law, Copyright, Chicago, United States, Dmca, Cmi, Evan, Fourth Estate, Evan Brown, Copyright Management Information, Diamondback Industries Inv

Legal Blogging and Today’s Passion Economy

I was struck reading Li Jin’s recent piece on the passion economy being the future of work by how much the concept applies to lawyers and blogging. Jin, an investment partner with Andreessen Horowitz, a leading Silicon Valley venture capital firm, writes: “The top-earning writer on the paid newsletter platform Substack earns more than $500,000 a year from reader subscriptions. The top content creator on Podia, a platform for video courses and digital memberships, makes more than $100,000 a mont...
Tags: Facebook, Law, China, US, Blogging, Silicon Valley, Andreessen Horowitz, Lin, Jin, Outschool, Li Jin

What You Can Say about RECs is Regulated by the FTC

Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The guidance from the FTC is not new, but as renewable energy becomes more prevalent, increasingly businesses are making claims about their green energy. This guidance from the FTC may seem counterintuitive, but it is con...
Tags: Energy, Law, Green Power, Federal Trade Commission, Ftc, Solar Panel, Federal, Stuart Kaplow, LEED, Pikachu, Recs, Green Building Council, Kaplow, Green Guide, Green Guides, Environmental Attorney

Sunday Open Thread

Things to read today: Hunter S. Thompson’s Letters to His Enemies in the Atlantic. Question: Will anyone tell Michael Bloomberg the truth -- that the last thing America wants is another billionaire from New York in the White House? Wasn't... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: New York, Law, White House, America, Atlantic, Michael Bloomberg, Thompson, Hunter

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. TRAVAIL : Lorsque l’employeur lui-même est l’auteur de harcèlement psychologique, de connivence avec un tiers, il contrevient gravement à la loi et mérite d’être sanctionné au moyen de dommages p...
Tags: Law, Canada, Tribunal, Summaries Sunday, SOQUIJ, Québec Department of Justice, Prado Paredes, Les Progrès, France Giroux

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