Mahoney v. Walter
The court stated that one of the chief problems with the balancing of equities doctrine is that it compares the general loss to the public, such as loss of jobs, while it only considered specific loss to the private …
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Leo Sheep Co v. US:
What happens when a government condemns an easement? You have to pay just compensation – whereas if the easement arises by necessity you just get it.…
Choice of Forum §1983 litigation
The following checklist summarizes some of the considerations that influence choice of forum decisions in § 1983 litigation.
| Federal Court | State Court | |
| Jury | ||
| availability | seventh amendment and federal statutes[FN1] | state law with a possible role for federal statutes[ |
Music to study to: Deadmau5 v. Kaskade I Remember Shelter
Remix is a little old, but I love it. Happy Studying!
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Poletown Neighborhood Counsel v. City of Detroit
Rule: When the condemnation of property benefits specific and identifiable private interests, a court must employ heightened scrutiny to determine if a clear and significant public interest is the predominant interest being advanced. Detroit wanted to condemn some residential land …
Ebay, Inc. v. Bidder’s Edge, Inc. :
Rather than defer to legislature, the EBay court revives an old court and applies it the modern concept of intellectual property. EB brought suit against Bidder’s Edge seeking an injunction preventing defendant from accessing plaintiff’s computer. Ebay sued for …
Moore v. Regents of the Univ. of CA:
The Regents removed Moore’s spleen and retained it for research purposes. As a result of this research, the Regents established a cell line from Moore’s cells and obtained a patent for it. Majority said that body parts aren’t property. The …
Smith v. Chanel, Inc:
Smith was advertising that its perfume smelled just like “Chanel #5”. This is not a trademark violation because they are not saying, “it is Chanel #5” but rather that “it smells like”. This is called a nominative use of trademark: …
Cheney Brothers v. Doris Silk Corp:
Doris Silk Corp. copied a fashion design from Cheney Brothers. All such designs have a short life. Court says that Congress is the one empowered to determine the rights and that the court does have the right to determine rights …
International New Service v. Associated Press:
International News Service copied news that Associated Press gathered. Supreme Court stated this wasn’t really a property issue, but rather an issue of unfair competition, because “news” was factual and not property. Court held that AP could not take or …
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